H.B. No. 752
1-1 AN ACT
1-2 relating to the adoption of a nonsubstantive revision of the
1-3 statutes relating to labor and employment, including conforming
1-4 amendments, repeals, and penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. ADOPTION OF CODE. The Labor Code is adopted to
1-7 read as follows:
1-8 LABOR CODE
1-9 CONTENTS
1-10 TITLE 1. GENERAL PROVISIONS
1-11 CHAPTER 1. GENERAL PROVISIONS
1-12 (Chapters 2-20 reserved for expansion)
1-13 TITLE 2. PROTECTION OF LABORERS
1-14 SUBTITLE A. EMPLOYMENT DISCRIMINATION
1-15 CHAPTER 21. EMPLOYMENT DISCRIMINATION
1-16 (Chapters 22-50 reserved for expansion)
1-17 SUBTITLE B. RESTRICTIONS ON LABOR
1-18 CHAPTER 51. EMPLOYMENT OF CHILDREN
1-19 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
1-20 (Chapters 53-60 reserved for expansion)
1-21 SUBTITLE C. WAGES
1-22 CHAPTER 61. PAYMENT OF WAGES
1-23 CHAPTER 62. MINIMUM WAGE
1-24 (Chapters 63-80 reserved for expansion)
2-1 SUBTITLE D. EMPLOYEE BENEFITS
2-2 CHAPTER 81. WORK AND FAMILY POLICIES
2-3 (Chapters 82-100 reserved for expansion)
2-4 TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
2-5 CHAPTER 101. LABOR ORGANIZATIONS
2-6 CHAPTER 102. LABOR ARBITRATION
2-7 (Chapters 103-200 reserved for expansion)
2-8 TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
2-9 SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
2-10 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL
2-11 PROVISIONS
2-12 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
2-13 CHAPTER 203. FINANCING AND FUNDS
2-14 CHAPTER 204. CONTRIBUTIONS
2-15 CHAPTER 205. REIMBURSEMENTS
2-16 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
2-17 CHAPTER 207. BENEFITS
2-18 CHAPTER 208. BENEFIT CLAIMS
2-19 CHAPTER 209. EXTENDED BENEFITS
2-20 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
2-21 CHAPTER 211. RECIPROCAL ARRANGEMENTS
2-22 CHAPTER 212. DISPUTE RESOLUTION
2-23 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION
2-24 ACT
2-25 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
2-26 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
2-27 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
3-1 CHAPTER 217. PROJECT RIO (REINTEGRATION OF OFFENDERS)
3-2 (Chapters 218-300 reserved for expansion)
3-3 SUBTITLE B. ADDITIONAL EMPLOYMENT SERVICES
3-4 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
3-5 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED
3-6 HOMEMAKERS
3-7 (Chapters 303-400 reserved for expansion)
3-8 TITLE 5. WORKERS' COMPENSATION
3-9 SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT
3-10 CHAPTER 401. GENERAL PROVISIONS
3-11 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
3-12 CHAPTER 403. COMMISSION FINANCING
3-13 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
3-14 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
3-15 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
3-16 CHAPTER 407. SELF-INSURANCE REGULATION
3-17 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
3-18 CHAPTER 409. COMPENSATION PROCEDURES
3-19 CHAPTER 410. ADJUDICATION OF DISPUTES
3-20 CHAPTER 411. WORKERS' HEALTH AND SAFETY
3-21 CHAPTER 412. DIVISION OF RISK MANAGEMENT
3-22 CHAPTER 413. MEDICAL REVIEW
3-23 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
3-24 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
3-25 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
3-26 OF DUTY
3-27 CHAPTER 417. THIRD-PARTY LIABILITY
4-1 (Chapters 418-450 reserved for expansion)
4-2 SUBTITLE B. DISCRIMINATION ISSUES
4-3 CHAPTER 451. DISCRIMINATION PROHIBITED
4-4 (Chapters 452-500 reserved for expansion)
4-5 SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN
4-6 GOVERNMENT EMPLOYEES
4-7 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
4-8 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE
4-9 DIRECTION OR CONTROL OF THE BOARD OF REGENTS
4-10 OF TEXAS TECH UNIVERSITY
4-11 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-12 EMPLOYEES OF THE TEXAS A&M UNIVERSITY
4-13 SYSTEM
4-14 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-15 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
4-16 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-17 EMPLOYEES OF POLITICAL SUBDIVISIONS
4-18 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-19 EMPLOYEES OF TEXAS DEPARTMENT OF
4-20 TRANSPORTATION
4-21 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
4-22 APPENDIX A. CONFORMING AMENDMENTS
4-23 APPENDIX B. CODE CONSTRUCTION ACT
4-24 APPENDIX C. DISPOSITION TABLE
4-25 TITLE 1. GENERAL PROVISIONS
4-26 CHAPTER 1. GENERAL PROVISIONS
4-27 Sec. 1.001. PURPOSE OF CODE
5-1 Sec. 1.002. CONSTRUCTION OF CODE
5-2 Sec. 1.003. INTERNAL REFERENCES
5-3 Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE
5-4 CHAPTER 1. GENERAL PROVISIONS
5-5 Sec. 1.001. PURPOSE OF CODE. (a) This code is enacted as a
5-6 part of the state's continuing statutory revision program, begun by
5-7 the Texas Legislative Council in 1963 as directed by the
5-8 legislature in the law codified as Section 323.007, Government
5-9 Code. The program contemplates a topic-by-topic revision of the
5-10 state's general and permanent statute law without substantive
5-11 change.
5-12 (b) Consistent with the objectives of the statutory revision
5-13 program, the purpose of this code is to make the law encompassed by
5-14 this code more accessible and understandable, by:
5-15 (1) rearranging the statutes into a more logical
5-16 order;
5-17 (2) employing a format and numbering system designed
5-18 to facilitate citation of the law and to accommodate future
5-19 expansion of the law;
5-20 (3) eliminating repealed, duplicative,
5-21 unconstitutional, expired, executed, and other ineffective
5-22 provisions; and
5-23 (4) restating the law in modern American English to
5-24 the greatest extent possible. (New.)
5-25 Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government
5-26 Code (Code Construction Act), applies to the construction of each
5-27 provision in this code except as otherwise expressly provided by
6-1 this code. (New.)
6-2 Sec. 1.003. INTERNAL REFERENCES. In this code:
6-3 (1) a reference to a title, chapter, or section
6-4 without further identification is a reference to a title, chapter,
6-5 or section of this code; and
6-6 (2) a reference to a subtitle, subchapter, subsection,
6-7 subdivision, paragraph, or other numbered or lettered unit without
6-8 further identification is a reference to a unit of the next larger
6-9 unit of this code in which the reference appears. (New.)
6-10 Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A
6-11 reference in a law to a statute or a part of a statute revised by
6-12 this code is considered to be a reference to the part of this code
6-13 that revises that statute or part of the statute. (New.)
6-14 (Chapters 2-20 reserved for expansion)
6-15 TITLE 2. PROTECTION OF LABORERS
6-16 SUBTITLE A. EMPLOYMENT DISCRIMINATION
6-17 CHAPTER 21. EMPLOYMENT DISCRIMINATION
6-18 SUBCHAPTER A. GENERAL PROVISIONS
6-19 Sec. 21.001. PURPOSES
6-20 Sec. 21.002. DEFINITIONS
6-21 Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION
6-22 Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY
6-23 Sec. 21.005. EFFECT ON OTHER STATE OR FEDERAL LAWS
6-24 Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES
6-25 (Sections 21.007-21.050 reserved for expansion)
6-26 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
6-27 Sec. 21.051. DISCRIMINATION BY EMPLOYER
7-1 Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY
7-2 Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION
7-3 Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM
7-4 Sec. 21.055. RETALIATION
7-5 Sec. 21.056. AIDING OR ABETTING DISCRIMINATION
7-6 Sec. 21.057. INTERFERENCE WITH COMMISSION
7-7 Sec. 21.058. PREVENTION OF COMPLIANCE
7-8 Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT
7-9 Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT
7-10 Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE
7-11 (Sections 21.062-21.100 reserved for expansion)
7-12 SUBCHAPTER C. APPLICATION; EXCEPTIONS
7-13 Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF
7-14 CERTAIN AGE
7-15 Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
7-16 MEASUREMENT SYSTEM
7-17 Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN
7-18 EMPLOYEES
7-19 Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE
7-20 FIGHTERS
7-21 Sec. 21.105. DISCRIMINATION BASED ON DISABILITY
7-22 Sec. 21.106. SEX DISCRIMINATION
7-23 Sec. 21.107. EFFECT ON ABORTION BENEFITS
7-24 Sec. 21.108. DISCRIMINATION BASED ON RELIGION
7-25 Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION
7-26 Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN
7-27 Sec. 21.111. PERSON EMPLOYED OUT OF STATE
8-1 Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS
8-2 Sec. 21.113. IMBALANCE PLAN NOT REQUIRED
8-3 Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES
8-4 Sec. 21.115. BUSINESS NECESSITY
8-5 Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION
8-6 OR OPINION
8-7 Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER
8-8 Sec. 21.118. STATEWIDE HOMETOWN PLAN
8-9 Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION
8-10 (Sections 21.120-21.150 reserved for expansion)
8-11 SUBCHAPTER D. LOCAL ENFORCEMENT
8-12 Sec. 21.151. ENFORCEMENT BY ORDINANCE
8-13 Sec. 21.152. CREATION OF LOCAL COMMISSION
8-14 Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION
8-15 Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF
8-16 LOCAL COMMISSION
8-17 Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION
8-18 ON COMPLAINTS
8-19 Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE
8-20 COMMISSION
8-21 (Sections 21.157-21.200 reserved for expansion)
8-22 SUBCHAPTER E. ADMINISTRATIVE REVIEW
8-23 Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT;
8-24 SERVICE
8-25 Sec. 21.202. STATUTE OF LIMITATIONS
8-26 Sec. 21.203. INVITATION FOR VOLUNTARY RESOLUTION
8-27 Sec. 21.204. INVESTIGATION BY COMMISSION
9-1 Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF
9-2 COMPLAINT
9-3 Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW
9-4 BY PANEL
9-5 Sec. 21.207. RESOLUTION BY INFORMAL METHODS
9-6 Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT
9-7 Sec. 21.209. DISCRIMINATION BASED ON DISABILITY; DEFENSE OF
9-8 UNDUE HARDSHIP; ORDER
9-9 Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF
9-10 Sec. 21.211. ELECTION OF REMEDIES
9-11 (Sections 21.212-21.250 reserved for expansion)
9-12 SUBCHAPTER F. JUDICIAL ENFORCEMENT
9-13 Sec. 21.251. CIVIL ACTION BY COMMISSION
9-14 Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
9-15 ACTION
9-16 Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE
9-17 CIVIL ACTION
9-18 Sec. 21.254. CIVIL ACTION BY COMPLAINANT
9-19 Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION
9-20 BY COMPLAINANT
9-21 Sec. 21.256. STATUTE OF LIMITATIONS
9-22 Sec. 21.257. ASSIGNMENT TO EARLY HEARING
9-23 Sec. 21.258. INJUNCTION; EQUITABLE RELIEF
9-24 Sec. 21.259. ATTORNEY'S FEES; COSTS
9-25 Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT
9-26 Sec. 21.261. COMPELLED COMPLIANCE
9-27 Sec. 21.262. TRIAL DE NOVO
10-1 (Sections 21.263-21.300 reserved for expansion)
10-2 SUBCHAPTER G. RECORDS
10-3 Sec. 21.301. RECORDKEEPING; REPORTS
10-4 Sec. 21.302. RECORDS; TRAINING PROGRAM
10-5 Sec. 21.303. CONFORMITY TO FEDERAL LAW
10-6 Sec. 21.304. CONFIDENTIALITY OF RECORDS
10-7 Sec. 21.305. ACCESS TO COMMISSION RECORDS
10-8 Sec. 21.306. SUBPOENA OF RECORD OR REPORT
10-9 CHAPTER 21. EMPLOYMENT DISCRIMINATION
10-10 SUBCHAPTER A. GENERAL PROVISIONS
10-11 Sec. 21.001. PURPOSES. The general purposes of this chapter
10-12 are to:
10-13 (1) provide for the execution of the policies of Title
10-14 VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e et
10-15 seq.);
10-16 (2) identify an authority that meets the criteria
10-17 under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section 633;
10-18 (3) secure for persons in this state, including
10-19 persons with disabilities, freedom from discrimination in certain
10-20 employment transactions, in order to protect their personal
10-21 dignity;
10-22 (4) make available to the state the full productive
10-23 capacities of persons in this state;
10-24 (5) avoid domestic strife and unrest in this state;
10-25 (6) preserve the public safety, health, and general
10-26 welfare; and
10-27 (7) promote the interests, rights, and privileges of
11-1 persons in this state. (V.A.C.S. Art. 5221k, Sec. 1.02.)
11-2 Sec. 21.002. DEFINITIONS. In this chapter:
11-3 (1) "Bona fide occupational qualification" means a
11-4 qualification:
11-5 (A) reasonably related to the satisfactory
11-6 performance of the duties of a job; and
11-7 (B) for which a factual basis exists for the
11-8 belief that no person of an excluded group would be able to
11-9 satisfactorily perform the duties of the job with safety or
11-10 efficiency.
11-11 (2) "Commission" means the Commission on Human Rights.
11-12 (3) "Commissioner" means a member of the commission.
11-13 (4) "Disability" means a mental or physical
11-14 impairment, or a record of a mental or physical impairment, that
11-15 substantially limits at least one major life activity. The term
11-16 does not include:
11-17 (A) a current condition of addiction to the use
11-18 of alcohol, a drug, an illegal substance, or a federally
11-19 controlled substance; or
11-20 (B) a currently communicable disease or
11-21 infection, including acquired immune deficiency syndrome or
11-22 infection with the human immunodeficiency virus, that constitutes a
11-23 direct threat to the health or safety of other persons or that
11-24 makes the affected person unable to perform the duties of the
11-25 person's employment.
11-26 (5) "Employee" means an individual employed by an
11-27 employer, including an individual subject to the civil service laws
12-1 of this state or a political subdivision of this state. The term
12-2 does not include an individual elected by the qualified voters to
12-3 public office in this state or a political subdivision of this
12-4 state or an individual chosen by such a public officer to be:
12-5 (A) on the officer's personal staff;
12-6 (B) an appointee on the policy-making level; or
12-7 (C) an immediate adviser for the exercise of the
12-8 constitutional or legal powers of public office.
12-9 (6) "Employer" means:
12-10 (A) a person who is engaged in an industry
12-11 affecting commerce and who has 15 or more employees for each
12-12 working day in each of 20 or more calendar weeks in the current or
12-13 preceding calendar year;
12-14 (B) an agent of a person described by Paragraph
12-15 (A); or
12-16 (C) a county, municipality, state agency, or
12-17 state instrumentality, including a public institution of education,
12-18 regardless of the number of employees.
12-19 (7) "Employment agency" means a person or an agent of
12-20 the person who regularly undertakes, with or without compensation,
12-21 to procure:
12-22 (A) employees for an employer; or
12-23 (B) the opportunity for employees to work for an
12-24 employer.
12-25 (8) "Labor organization" means a labor organization
12-26 engaged in an industry affecting commerce. The term includes:
12-27 (A) an organization, an agency, or an employee
13-1 representation committee, group, association, or plan engaged in an
13-2 industry affecting commerce in which employees participate and that
13-3 exists for the purpose, in whole or in part, of dealing with
13-4 employers concerning grievances, labor disputes, wages, rates of
13-5 pay, hours, or other terms or conditions of employment;
13-6 (B) a conference, general committee, joint or
13-7 system board, or joint council that is subordinate to a national or
13-8 international labor organization; and
13-9 (C) an agent of a labor organization.
13-10 (9) "Local commission" means a commission on human
13-11 relations created by one or more political subdivisions.
13-12 (10) "Political subdivision" means a county or
13-13 municipality.
13-14 (11) "Respondent" means the person charged in a
13-15 complaint filed under this chapter. (V.A.C.S. Art. 5221k, Secs.
13-16 2.01(1), (2), (3), (4), (6), (7), (8), (9), (10); 6.01(a) (part).)
13-17 Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION. (a)
13-18 The commission may:
13-19 (1) promote the creation of local commissions on human
13-20 rights by cooperating or contracting with any person, including
13-21 agencies of the federal government and of other states;
13-22 (2) receive, investigate, conciliate, and rule on
13-23 complaints alleging violations of this chapter;
13-24 (3) file civil actions to carry out the purposes of
13-25 this chapter;
13-26 (4) request and, if necessary, compel by subpoena:
13-27 (A) the attendance of necessary witnesses for
14-1 examination under oath; and
14-2 (B) the production, for inspection and copying,
14-3 of records, documents, and other evidence relevant to the
14-4 investigation of alleged violations of this chapter;
14-5 (5) furnish technical assistance requested by a person
14-6 subject to this chapter to further compliance with this chapter or
14-7 with a rule or order issued under this chapter;
14-8 (6) recommend in its annual report legislation or
14-9 other action to carry out the purposes and policies of this
14-10 chapter; and
14-11 (7) adopt procedural rules to carry out the purposes
14-12 and policies of this chapter.
14-13 (b) The commission by rule may authorize a commissioner or
14-14 one of its staff to exercise the powers stated in Subsection (a)(4)
14-15 on behalf of the commission.
14-16 (c) The commission biennially shall develop an inventory of
14-17 equal employment opportunity policies and programs adopted and
14-18 implemented by the various state agencies.
14-19 (d) The commission at least annually shall make a
14-20 comprehensive written report to the governor and to the
14-21 legislature.
14-22 (e) The commission shall conduct a study of the policies and
14-23 programs of a selected state agency if the commission is directed
14-24 to conduct the study by legislative resolution or by executive
14-25 order of the governor. (V.A.C.S. Art. 5221k, Secs. 3.02(a) (part),
14-26 (d).)
14-27 Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY. (a)
15-1 A person commits an offense if the person wilfully resists,
15-2 prevents, impedes, or interferes with the performance of a duty
15-3 under or the exercise of a power provided by this chapter.
15-4 (b) An offense under this section is a Class B misdemeanor.
15-5 (V.A.C.S. Art. 5221k, Sec. 9.02.)
15-6 Sec. 21.005. EFFECT ON OTHER STATE OR FEDERAL LAWS. This
15-7 chapter does not relieve a government agency or official of the
15-8 responsibility to ensure nondiscrimination in employment as
15-9 required under another provision of the state or federal
15-10 constitutions or laws. (V.A.C.S. Art. 5221k, Sec. 10.01.)
15-11 Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES. If a
15-12 provision of this chapter is held by the Equal Employment
15-13 Opportunity Commission to disqualify the commission as a deferral
15-14 agency or for the receipt of federal funds, the commission shall
15-15 administer this chapter to qualify for deferral status or the
15-16 receipt of those funds until the legislature meets in its next
15-17 session and has an opportunity to amend this chapter. (V.A.C.S.
15-18 Art. 5221k, Sec. 10.05.)
15-19 (Sections 21.007-21.050 reserved for expansion)
15-20 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
15-21 Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
15-22 commits an unlawful employment practice if because of race, color,
15-23 disability, religion, sex, national origin, or age the employer:
15-24 (1) fails or refuses to hire an individual, discharges
15-25 an individual, or discriminates in any other manner against an
15-26 individual in connection with compensation or the terms,
15-27 conditions, or privileges of employment; or
16-1 (2) limits, segregates, or classifies an employee or
16-2 applicant for employment in a manner that would deprive or tend to
16-3 deprive an individual of any employment opportunity or adversely
16-4 affect in any other manner the status of an employee. (V.A.C.S.
16-5 Art. 5221k, Sec. 5.01.)
16-6 Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
16-7 employment agency commits an unlawful employment practice if the
16-8 employment agency:
16-9 (1) fails or refuses to refer for employment or
16-10 discriminates in any other manner against an individual because of
16-11 race, color, disability, religion, sex, national origin, or age; or
16-12 (2) classifies or refers an individual for employment
16-13 on the basis of race, color, disability, religion, sex, national
16-14 origin, or age. (V.A.C.S. Art. 5221k, Sec. 5.02.)
16-15 Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
16-16 organization commits an unlawful employment practice if because of
16-17 race, color, disability, religion, sex, national origin, or age the
16-18 labor organization:
16-19 (1) excludes or expels from membership or
16-20 discriminates in any other manner against an individual; or
16-21 (2) limits, segregates, or classifies a member or an
16-22 applicant for membership or classifies or fails or refuses to refer
16-23 for employment an individual in a manner that would:
16-24 (A) deprive or tend to deprive an individual of
16-25 any employment opportunity;
16-26 (B) limit an employment opportunity or adversely
16-27 affect in any other manner the status of an employee or of an
17-1 applicant for employment; or
17-2 (C) cause or attempt to cause an employer to
17-3 violate this subchapter. (V.A.C.S. Art. 5221k, Sec. 5.03.)
17-4 Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM.
17-5 (a) Unless a training or retraining opportunity or program is
17-6 provided under an affirmative action plan approved under a federal
17-7 law, rule, or order, an employer, labor organization, or joint
17-8 labor-management committee controlling an apprenticeship,
17-9 on-the-job training, or other training or retraining program
17-10 commits an unlawful employment practice if the employer, labor
17-11 organization, or committee discriminates against an individual
17-12 because of race, color, disability, religion, sex, national origin,
17-13 or age in admission to or participation in the program.
17-14 (b) The prohibition against discrimination because of age in
17-15 this section applies only to discrimination because of age against
17-16 an individual who is at least 40 years of age but younger than 56
17-17 years of age. (V.A.C.S. Art. 5221k, Sec. 5.04.)
17-18 Sec. 21.055. RETALIATION. An employer, labor union, or
17-19 employment agency commits an unlawful employment practice if the
17-20 employer, labor union, or employment agency retaliates or
17-21 discriminates against a person who, under this chapter:
17-22 (1) opposes a discriminatory practice;
17-23 (2) makes or files a charge;
17-24 (3) files a complaint; or
17-25 (4) testifies, assists, or participates in any manner
17-26 in an investigation, proceeding, or hearing. (V.A.C.S. Art. 5221k,
17-27 Sec. 5.05(a) (part).)
18-1 Sec. 21.056. AIDING OR ABETTING DISCRIMINATION. An
18-2 employer, labor union, or employment agency commits an unlawful
18-3 employment practice if the employer, labor union, or employment
18-4 agency aids, abets, incites, or coerces a person to engage in a
18-5 discriminatory practice. (V.A.C.S. Art. 5221k, Sec. 5.05(a)
18-6 (part).)
18-7 Sec. 21.057. INTERFERENCE WITH COMMISSION. An employer,
18-8 labor union, or employment agency commits an unlawful employment
18-9 practice if the employer, labor union, or employment agency
18-10 wilfully interferes with the performance of a duty or the exercise
18-11 of a power under this chapter or Chapter 461, Government Code, by
18-12 the commission, the commission's staff, or the commission's
18-13 representative. (V.A.C.S. Art. 5221k, Sec. 5.05(a) (part).)
18-14 Sec. 21.058. PREVENTION OF COMPLIANCE. An employer, labor
18-15 union, or employment agency commits an unlawful employment practice
18-16 if the employer, labor union, or employment agency wilfully
18-17 obstructs or prevents a person from complying with this chapter or
18-18 a rule adopted or order issued under this chapter. (V.A.C.S. Art.
18-19 5221k, Sec. 5.05(a) (part).)
18-20 Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a)
18-21 An employer, labor organization, employment agency, or joint
18-22 labor-management committee controlling an apprenticeship,
18-23 on-the-job training, or other training or retraining program
18-24 commits an unlawful employment practice if the employer, labor
18-25 organization, employment agency, or committee prints or publishes
18-26 or causes to be printed or published a notice or advertisement
18-27 relating to employment that:
19-1 (1) indicates a preference, limitation, specification,
19-2 or discrimination based on race, color, disability, religion, sex,
19-3 national origin, or age; and
19-4 (2) concerns an employee's status, employment, or
19-5 admission to or membership or participation in a labor union or
19-6 training or retraining program.
19-7 (b) This section does not apply if disability, religion,
19-8 sex, national origin, or age is a bona fide occupational
19-9 qualification. (V.A.C.S. Art. 5221k, Sec. 5.05(b).)
19-10 Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party
19-11 to a conciliation agreement made under this chapter commits an
19-12 unlawful employment practice if the party violates the terms of the
19-13 conciliation agreement. (V.A.C.S. Art. 5221k, Sec. 9.01.)
19-14 Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE. In
19-15 the absence of other evidence of an unlawful employment practice,
19-16 evidence of the employment of one person in place of another is not
19-17 sufficient to establish an unlawful employment practice. (V.A.C.S.
19-18 Art. 5221k, Sec. 5.07(b).)
19-19 (Sections 21.062-21.100 reserved for expansion)
19-20 SUBCHAPTER C. APPLICATION; EXCEPTIONS
19-21 Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF
19-22 CERTAIN AGE. Except as provided by Section 21.054, the provisions
19-23 of this chapter referring to discrimination because of age or on
19-24 the basis of age apply only to discrimination against an individual
19-25 40 years of age or older. (V.A.C.S. Art. 5221k, Sec. 1.04(a)
19-26 (part).)
19-27 Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
20-1 MEASUREMENT SYSTEM. (a) Except as provided by Subsections (b) and
20-2 (c), an employer does not commit an unlawful employment practice by
20-3 applying different standards of compensation or different terms,
20-4 conditions, or privileges of employment under:
20-5 (1) a bona fide seniority system, merit system, or an
20-6 employee benefit plan, such as a retirement, pension, or insurance
20-7 plan, that is not a subterfuge to evade this chapter; or
20-8 (2) a system that measures earnings by quantity or
20-9 quality of production.
20-10 (b) An employee benefit plan may not excuse a failure to
20-11 hire on the basis of age. A seniority system or employee benefit
20-12 plan may not require or permit involuntary retirement on the basis
20-13 of age except as permitted by Section 21.103.
20-14 (c) This section does not apply to standards of compensation
20-15 or terms, conditions, or privileges of employment that are
20-16 discriminatory on the basis of race, color, disability, religion,
20-17 sex, national origin, or age. (V.A.C.S. Art. 5221k, Sec. 5.07(a)
20-18 (part).)
20-19 Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN
20-20 EMPLOYEES. This chapter does not prohibit the compulsory
20-21 retirement of an employee who is:
20-22 (1) at least 65 years of age;
20-23 (2) employed in a bona fide executive or high
20-24 policy-making position for the two years preceding retirement; and
20-25 (3) entitled to an immediate, nonforfeitable annual
20-26 retirement benefit from a pension, profit-sharing, savings, or
20-27 deferred compensation plan or a combination of plans of the
21-1 employee's employer that equals, in the aggregate, at least
21-2 $27,000. (V.A.C.S. Art. 5221k, Sec. 1.04(a) (part).)
21-3 Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE
21-4 FIGHTERS. An employer does not commit an unlawful employment
21-5 practice by imposing a minimum or maximum age requirement for peace
21-6 officers or fire fighters. (V.A.C.S. Art. 5221k, Sec. 5.07(a)
21-7 (part).)
21-8 Sec. 21.105. DISCRIMINATION BASED ON DISABILITY. A
21-9 provision in this subchapter or Subchapter B referring to
21-10 discrimination because of disability or on the basis of disability
21-11 applies only to discrimination because of or on the basis of a
21-12 physical or mental condition that does not impair an individual's
21-13 ability to reasonably perform a job. (V.A.C.S. Art. 5221k, Sec.
21-14 1.04(b).)
21-15 Sec. 21.106. SEX DISCRIMINATION. (a) A provision in this
21-16 chapter referring to discrimination because of sex or on the basis
21-17 of sex includes discrimination because of or on the basis of
21-18 pregnancy, childbirth, or a related medical condition.
21-19 (b) A woman affected by pregnancy, childbirth, or a related
21-20 medical condition shall be treated for all purposes related to
21-21 employment, including receipt of a benefit under a fringe benefit
21-22 program, in the same manner as another individual not affected but
21-23 similar in the individual's ability or inability to work.
21-24 (V.A.C.S. Art. 5221k, Sec. 1.04(c) (part).)
21-25 Sec. 21.107. EFFECT ON ABORTION BENEFITS. This chapter does
21-26 not:
21-27 (1) require an employer to pay for health insurance
22-1 benefits for abortion unless the life of the mother would be
22-2 endangered if the fetus were carried to term;
22-3 (2) preclude an employer from providing abortion
22-4 benefits; or
22-5 (3) affect a bargaining agreement relating to
22-6 abortion. (V.A.C.S. Art. 5221k, Sec. 1.04(c) (part).)
22-7 Sec. 21.108. DISCRIMINATION BASED ON RELIGION. A provision
22-8 in this chapter referring to discrimination because of religion or
22-9 on the basis of religion applies to discrimination because of or on
22-10 the basis of any aspect of religious observance, practice, or
22-11 belief, unless an employer demonstrates that the employer is unable
22-12 reasonably to accommodate the religious observance or practice of
22-13 an employee or applicant without undue hardship to the conduct of
22-14 the employer's business. (V.A.C.S. Art. 5221k, Sec. 2.01(14).)
22-15 Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION. (a) A
22-16 religious corporation, association, society, or educational
22-17 institution or an educational organization operated, supervised, or
22-18 controlled in whole or in substantial part by a religious
22-19 corporation, association, or society does not commit an unlawful
22-20 employment practice by limiting employment or giving a preference
22-21 to members of the same religion.
22-22 (b) Subchapter B does not apply to the employment of an
22-23 individual of a particular religion by a religious corporation,
22-24 association, or society to perform work connected with the
22-25 performance of religious activities by the corporation,
22-26 association, or society. (V.A.C.S. Art. 5221k, Secs. 5.06 (part),
22-27 5.07(a) (part).)
23-1 Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A
23-2 provision in this chapter referring to discrimination because of
23-3 national origin or on the basis of national origin includes
23-4 discrimination because of or on the basis of the national origin of
23-5 an ancestor. (V.A.C.S. Art. 5221k, Sec. 2.01(11).)
23-6 Sec. 21.111. PERSON EMPLOYED OUT OF STATE. This chapter
23-7 does not apply to an employer with respect to the employment of a
23-8 person outside this state. (V.A.C.S. Art. 5221k, Sec. 5.10.)
23-9 Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
23-10 does not commit an unlawful employment practice by applying to
23-11 employees who work in different locations different standards of
23-12 compensation or different terms, conditions, or privileges of
23-13 employment that are not discriminatory on the basis of race, color,
23-14 disability, religion, sex, national origin, or age. (V.A.C.S. Art.
23-15 5221k, Sec. 5.07(a) (part).)
23-16 Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter does
23-17 not require a person subject to this chapter to grant preferential
23-18 treatment to an individual or a group on the basis of race, color,
23-19 disability, religion, sex, national origin, or age because of an
23-20 imbalance between:
23-21 (1) the total number or percentage of persons of that
23-22 individual's or group's race, color, disability, religion, sex,
23-23 national origin, or age:
23-24 (A) employed by an employer;
23-25 (B) referred or classified for employment by an
23-26 employment agency or labor organization;
23-27 (C) admitted to membership or classified by a
24-1 labor organization; or
24-2 (D) admitted to or employed in an
24-3 apprenticeship, on-the-job training, or other training or
24-4 retraining program; and
24-5 (2) the total number or percentage of persons of that
24-6 race, color, disability, religion, sex, national origin, or age in:
24-7 (A) a community, this state, a region, or other
24-8 area; or
24-9 (B) the available work force in a community,
24-10 this state, a region, or other area. (V.A.C.S. Art. 5221k, Sec.
24-11 5.09.)
24-12 Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES. A
24-13 public school official does not commit an unlawful employment
24-14 practice by adopting or implementing a plan reasonably designed to
24-15 end discriminatory school practices. (V.A.C.S. Art. 5221k, Sec.
24-16 5.07(a) (part).)
24-17 Sec. 21.115. BUSINESS NECESSITY. An employer does not
24-18 commit an unlawful employment practice by engaging in a practice
24-19 that has a discriminatory effect and that would otherwise be
24-20 prohibited by this chapter if the employer establishes that the
24-21 practice:
24-22 (1) is not intentionally devised or operated to
24-23 contravene the prohibitions of this chapter; and
24-24 (2) is justified by business necessity. (V.A.C.S.
24-25 Art. 5221k, Sec. 5.07(a) (part).)
24-26 Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION OR
24-27 OPINION. (a) A person is not liable for an unlawful employment
25-1 practice performed in good faith and in conformity with and in
25-2 reliance on a written interpretation or opinion of the commission.
25-3 (b) In a proceeding alleging an unlawful employment
25-4 practice, the respondent has the burden of pleading and proving the
25-5 defense provided by this section. (V.A.C.S. Art. 5221k, Sec.
25-6 5.08.)
25-7 Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B does
25-8 not apply to the employment of an individual by the individual's
25-9 parent, spouse, or child. (V.A.C.S. Art. 5221k, Sec. 5.06 (part).)
25-10 Sec. 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does not
25-11 apply to a labor union, firm, association, or individual
25-12 participating on September 23, 1983, in a statewide hometown plan
25-13 approved by the United States Department of Labor. (V.A.C.S. Art.
25-14 5221k, Sec. 5.06 (part).)
25-15 Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If
25-16 disability, religion, sex, national origin, or age is a bona fide
25-17 occupational qualification reasonably necessary to the normal
25-18 operation of the particular business or enterprise, performing any
25-19 of the following practices on the basis of disability, religion,
25-20 sex, national origin, or age of an employee, member, or other
25-21 individual is not an unlawful employment practice:
25-22 (1) an employer hiring and employing an employee;
25-23 (2) an employment agency classifying or referring an
25-24 individual for employment;
25-25 (3) a labor organization classifying its members or
25-26 classifying or referring an individual for employment; or
25-27 (4) an employer, labor organization, or joint
26-1 labor-management committee controlling an apprenticeship,
26-2 on-the-job training, or other training or retraining program
26-3 admitting or employing an individual in its program. (V.A.C.S.
26-4 Art. 5221k, Sec. 5.07(a) (part).)
26-5 (Sections 21.120-21.150 reserved for expansion)
26-6 SUBCHAPTER D. LOCAL ENFORCEMENT
26-7 Sec. 21.151. ENFORCEMENT BY ORDINANCE. A political
26-8 subdivision may adopt and enforce an order or ordinance that
26-9 prohibits a practice that is unlawful under this chapter, another
26-10 state law, or federal law. (V.A.C.S. Art. 5221k, Sec. 4.01.)
26-11 Sec. 21.152. CREATION OF LOCAL COMMISSION. (a) A political
26-12 subdivision or two or more political subdivisions acting jointly
26-13 may create a local commission to:
26-14 (1) promote the purposes of this chapter; and
26-15 (2) secure for all individuals in the jurisdiction of
26-16 each political subdivision freedom from discrimination because of
26-17 race, color, disability, religion, sex, national origin, or age.
26-18 (b) The political subdivision creating a local commission
26-19 may appropriate funds for the expenses of the local commission.
26-20 (V.A.C.S. Art. 5221k, Sec. 4.02.)
26-21 Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION.
26-22 (a) A local commission may:
26-23 (1) employ an executive director and other employees
26-24 and agents and set their compensation;
26-25 (2) cooperate or contract with a person, including an
26-26 agency of the federal government or of another state or
26-27 municipality; and
27-1 (3) accept a public grant or private gift, bequest, or
27-2 other payment.
27-3 (b) A local commission shall prepare at least annually a
27-4 report and furnish a copy of the report to the Commission on Human
27-5 Rights. (V.A.C.S. Art. 5221k, Sec. 4.03 (part).)
27-6 Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL
27-7 COMMISSION. (a) If the federal government or the Commission on
27-8 Human Rights refers a complaint alleging a violation of this
27-9 chapter to a local commission or defers jurisdiction over the
27-10 subject matter of the complaint to a local commission, the local
27-11 commission may receive, investigate, conciliate, or rule on the
27-12 complaint and may file a civil action to carry out the purposes of
27-13 this chapter.
27-14 (b) The local commission may request, and as necessary,
27-15 compel by subpoena:
27-16 (1) the attendance of a witness for examination under
27-17 oath; or
27-18 (2) the production for inspection or copying of a
27-19 record, document, or other evidence relevant to the investigation
27-20 of an alleged violation of this chapter. (V.A.C.S. Art. 5221k,
27-21 Sec. 4.03 (part).)
27-22 Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON
27-23 COMPLAINTS. (a) The Commission on Human Rights shall refer a
27-24 complaint concerning discrimination in employment because of race,
27-25 color, disability, religion, sex, national origin, or age that is
27-26 filed with that commission to a local commission with the necessary
27-27 investigatory and conciliatory powers if:
28-1 (1) the complaint has been referred to the Commission
28-2 on Human Rights by the federal government; or
28-3 (2) jurisdiction over the subject matter of the
28-4 complaint has been deferred to the Commission on Human Rights by
28-5 the federal government.
28-6 (b) The local commission shall take appropriate action to
28-7 remedy the practice alleged as discriminatory in the referred
28-8 complaint.
28-9 (c) If the local commission does not act on the complaint
28-10 within 60 days or a longer time that is reasonable, the Commission
28-11 on Human Rights shall reassume responsibility for the complaint and
28-12 take appropriate action on the complaint. (V.A.C.S. Art. 5221k,
28-13 Secs. 4.04(a), (b).)
28-14 Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE
28-15 COMMISSION. A local commission may refer a matter under its
28-16 jurisdiction to the Commission on Human Rights. (V.A.C.S. Art.
28-17 5221k, Sec. 4.04(c).)
28-18 (Sections 21.157-21.200 reserved for expansion)
28-19 SUBCHAPTER E. ADMINISTRATIVE REVIEW
28-20 Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE.
28-21 (a) A person claiming to be aggrieved by an unlawful employment
28-22 practice or the person's agent may file a complaint with the
28-23 commission.
28-24 (b) The complaint must be in writing and made under oath.
28-25 (c) The complaint must state:
28-26 (1) that an unlawful employment practice has been
28-27 committed;
29-1 (2) the facts on which the complaint is based,
29-2 including the date, place, and circumstances of the alleged
29-3 unlawful employment practice; and
29-4 (3) facts sufficient to enable the commission to
29-5 identify the respondent.
29-6 (d) The executive director or the executive director's
29-7 designee shall serve the respondent with a copy of the complaint
29-8 not later than the 10th day after the date the complaint is filed.
29-9 (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-10 Sec. 21.202. STATUTE OF LIMITATIONS. (a) A complaint under
29-11 this subchapter must be filed not later than the 180th day after
29-12 the date the alleged unlawful employment practice occurred.
29-13 (b) The commission shall dismiss an untimely complaint.
29-14 (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-15 Sec. 21.203. INVITATION FOR VOLUNTARY RESOLUTION. The
29-16 executive director or the executive director's designee shall
29-17 invite the complainant and respondent to attempt voluntarily to
29-18 resolve the dispute before initiation and completion of an
29-19 investigation. (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-20 Sec. 21.204. INVESTIGATION BY COMMISSION. (a) The
29-21 executive director or a staff member of the commission designated
29-22 by the executive director shall investigate a complaint and
29-23 determine if there is reasonable cause to believe that the
29-24 respondent engaged in an unlawful employment practice as alleged in
29-25 the complaint.
29-26 (b) If the federal government has referred the complaint to
29-27 the commission or has deferred jurisdiction over the subject matter
30-1 of the complaint to the commission, the executive director or the
30-2 executive director's designee shall promptly investigate the
30-3 allegations stated in the complaint. (V.A.C.S. Art. 5221k, Sec.
30-4 6.01(a) (part).)
30-5 Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF
30-6 COMPLAINT. (a) If after investigation the executive director or
30-7 the executive director's designee determines that reasonable cause
30-8 does not exist to believe that the respondent engaged in an
30-9 unlawful employment practice as alleged in a complaint, the
30-10 executive director or the executive director's designee shall issue
30-11 a written determination, incorporating the finding that the
30-12 evidence does not support the complaint and dismissing the
30-13 complaint.
30-14 (b) The executive director or the executive director's
30-15 designee shall serve a copy of the determination on the
30-16 complainant, the respondent, and other agencies as required by law.
30-17 (V.A.C.S. Art. 5221k, Sec. 6.01(b).)
30-18 Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
30-19 PANEL. (a) If after investigation the executive director or the
30-20 executive director's designee determines that there is reasonable
30-21 cause to believe that the respondent engaged in an unlawful
30-22 employment practice as alleged in a complaint, the executive
30-23 director or the executive director's designee shall review with a
30-24 panel of three commissioners the evidence in the record.
30-25 (b) If after the review at least two of the three
30-26 commissioners determine that there is reasonable cause to believe
30-27 that the respondent engaged in an unlawful employment practice, the
31-1 executive director shall:
31-2 (1) issue a written determination incorporating the
31-3 executive director's finding that the evidence supports the
31-4 complaint; and
31-5 (2) serve a copy of the determination on the
31-6 complainant, the respondent, and other agencies as required by law.
31-7 (V.A.C.S. Art. 5221k, Sec. 6.01(c) (part).)
31-8 Sec. 21.207. RESOLUTION BY INFORMAL METHODS. (a) If a
31-9 determination of reasonable cause is made under Section 21.206, the
31-10 commission shall endeavor to eliminate the alleged unlawful
31-11 employment practice by informal methods of conference,
31-12 conciliation, and persuasion.
31-13 (b) Without the written consent of the complainant and
31-14 respondent, the commission, its executive director, or its other
31-15 officers or employees may not disclose to the public information
31-16 about the efforts in a particular case to resolve an alleged
31-17 discriminatory practice by conference, conciliation, or persuasion,
31-18 regardless of whether there is a determination of reasonable cause.
31-19 (V.A.C.S. Art. 5221k, Sec. 6.01(c) (part).)
31-20 Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
31-21 If the commission dismisses a complaint filed under Section 21.201
31-22 or does not resolve the complaint before the 181st day after the
31-23 date the complaint was filed, the commission shall inform the
31-24 complainant of the dismissal or failure to resolve the complaint in
31-25 writing by certified mail. (V.A.C.S. Art. 5221k, Sec. 7.01(a)
31-26 (part).)
31-27 Sec. 21.209. DISCRIMINATION BASED ON DISABILITY; DEFENSE OF
32-1 UNDUE HARDSHIP; ORDER. (a) A showing of undue hardship by a
32-2 respondent is a defense to a complaint of discrimination based on
32-3 disability made by an employee or applicant.
32-4 (b) For a complaint based on disability, the commission's
32-5 order must consider the reasonableness of the cost of necessary
32-6 work place accommodation and the availability of alternatives or
32-7 other appropriate relief. (V.A.C.S. Art. 5221k, Sec. 6.01(d).)
32-8 Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF. (a) If the
32-9 commission concludes from a preliminary investigation of an
32-10 unlawful employment practice alleged in a complaint that prompt
32-11 judicial action is necessary to carry out the purpose of this
32-12 chapter, the commission shall file a petition seeking appropriate
32-13 temporary relief against the respondent pending final determination
32-14 of a proceeding under this chapter.
32-15 (b) The petition shall be filed in a district court in a
32-16 county in which:
32-17 (1) the alleged unlawful employment practice that is
32-18 the subject of the complaint occurred; or
32-19 (2) the respondent resides.
32-20 (c) A court may not issue temporary injunctive relief unless
32-21 the commission shows:
32-22 (1) a substantial likelihood of success on the merits;
32-23 and
32-24 (2) irreparable harm to the complainant in the absence
32-25 of the preliminary relief pending final determination on the
32-26 merits. (V.A.C.S. Art. 5221k, Sec. 6.01(e).)
32-27 Sec. 21.211. ELECTION OF REMEDIES. A person who has
33-1 initiated an action in a court of competent jurisdiction or who has
33-2 an action pending before an administrative agency under other law
33-3 or an order or ordinance of a political subdivision of this state
33-4 based on an act that would be an unlawful employment practice under
33-5 this chapter may not file a complaint under this subchapter for the
33-6 same grievance. (V.A.C.S. Art. 5221k, Sec. 6.01(f).)
33-7 (Sections 21.212-21.250 reserved for expansion)
33-8 SUBCHAPTER F. JUDICIAL ENFORCEMENT
33-9 Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The
33-10 commission may bring a civil action against a respondent if:
33-11 (1) the commission determines that there is reasonable
33-12 cause to believe that the respondent engaged in an unlawful
33-13 employment practice;
33-14 (2) the commission's efforts to resolve the
33-15 discriminatory practice to the satisfaction of the complainant and
33-16 respondent through conciliation have been unsuccessful; and
33-17 (3) a majority of the commissioners determines that
33-18 the civil action may achieve the purposes of this chapter.
33-19 (b) The complainant may intervene in a civil action brought
33-20 by the commission. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
33-21 Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
33-22 ACTION. (a) A complainant who receives notice under Section
33-23 21.208 that the complaint is not dismissed or resolved is entitled
33-24 to request from the commission a written notice of the
33-25 complainant's right to file a civil action.
33-26 (b) The complainant must request the notice in writing.
33-27 (c) The executive director may issue the notice.
34-1 (d) Failure to issue the notice of a complainant's right to
34-2 file a civil action does not affect the complainant's right under
34-3 this subchapter to bring a civil action against the respondent.
34-4 (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part), (i).)
34-5 Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE
34-6 CIVIL ACTION. (a) On receipt of a written request by a
34-7 complainant, the commission shall issue before the 181st day after
34-8 the date the complaint was filed a notice of the right to file a
34-9 civil action if:
34-10 (1) the complainant alleges an unlawful employment
34-11 practice based on the complainant's status as an individual with a
34-12 life-threatening illness, as confirmed in writing by a physician
34-13 licensed to practice medicine in this state; or
34-14 (2) the executive director certifies that
34-15 administrative processing of the complaint cannot be completed
34-16 before the 181st day after the date the complaint was filed.
34-17 (b) The commission shall issue the expedited notice by
34-18 certified mail not later than the fifth business day after the date
34-19 the commission receives the written request. (V.A.C.S. Art. 5221k,
34-20 Sec. 7.01(a) (part).)
34-21 Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Within 60 days
34-22 after the date a notice of the right to file a civil action is
34-23 received, the complainant may bring a civil action against the
34-24 respondent. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
34-25 Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
34-26 COMPLAINANT. After receipt of a timely application, a court may
34-27 permit the commission to intervene in a civil action filed under
35-1 Section 21.254 if:
35-2 (1) the commission certifies that the case is of
35-3 general public importance; and
35-4 (2) before commencement of the action the commission
35-5 issued a determination of reasonable cause to believe that this
35-6 chapter was violated. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
35-7 Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not
35-8 be brought under this subchapter later than the first anniversary
35-9 of the date the complaint relating to the action is filed.
35-10 (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
35-11 Sec. 21.257. ASSIGNMENT TO EARLY HEARING. The court shall
35-12 set an action brought under this subchapter for hearing at the
35-13 earliest practicable date to expedite the action. (V.A.C.S. Art.
35-14 5221k, Sec. 7.01(b).)
35-15 Sec. 21.258. INJUNCTION; EQUITABLE RELIEF. (a) On finding
35-16 that a respondent engaged in an unlawful employment practice as
35-17 alleged in a complaint, a court may:
35-18 (1) prohibit by injunction the respondent from
35-19 engaging in an unlawful employment practice; and
35-20 (2) order additional equitable relief as may be
35-21 appropriate.
35-22 (b) Additional equitable relief may include:
35-23 (1) hiring or reinstating with or without back pay;
35-24 (2) upgrading an employee with or without pay;
35-25 (3) admitting to or restoring union membership;
35-26 (4) admitting to or participating in a guidance
35-27 program, apprenticeship, or on-the-job training or other training
36-1 or retraining program, using objective job-related criteria in
36-2 admitting an individual to a program;
36-3 (5) reporting on the manner of compliance with the
36-4 terms of a final order issued under this chapter; and
36-5 (6) paying court costs.
36-6 (c) Liability under a back pay award may not accrue for a
36-7 date more than two years before the date a complaint is filed with
36-8 the commission. Interim earnings, workers' compensation benefits,
36-9 and unemployment compensation benefits received operate to reduce
36-10 the back pay otherwise allowable. (V.A.C.S. Art. 5221k, Secs.
36-11 7.01(c), (d).)
36-12 Sec. 21.259. ATTORNEY'S FEES; COSTS. (a) In a proceeding
36-13 under this chapter, a court may allow the prevailing party, other
36-14 than the commission, a reasonable attorney's fee as part of the
36-15 costs.
36-16 (b) The state, a state agency, or a political subdivision is
36-17 liable for costs, including attorney's fees, to the same extent as
36-18 a private person. (V.A.C.S. Art. 5221k, Sec. 7.01(e).)
36-19 Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If
36-20 the affected employee or applicant for employment has a disability,
36-21 a court shall consider the undue hardship defense, including the
36-22 reasonableness of the cost of necessary workplace accommodation and
36-23 the availability of alternatives or other appropriate relief.
36-24 (V.A.C.S. Art. 5221k, Sec. 7.01(f).)
36-25 Sec. 21.261. COMPELLED COMPLIANCE. If an employer,
36-26 employment agency, or labor organization fails to comply with a
36-27 court order issued under this subchapter, a party to the action or
37-1 the commission, on the written request of a person aggrieved by the
37-2 failure, may commence proceedings to compel compliance with the
37-3 order. (V.A.C.S. Art. 5221k, Sec. 7.01(g).)
37-4 Sec. 21.262. TRIAL DE NOVO. (a) A judicial proceeding
37-5 under this chapter is by trial de novo.
37-6 (b) A commission finding, recommendation, determination, or
37-7 other action is not binding on a court. (V.A.C.S. Art. 5221k,
37-8 Sec. 7.01(h).)
37-9 (Sections 21.263-21.300 reserved for expansion)
37-10 SUBCHAPTER G. RECORDS
37-11 Sec. 21.301. RECORDKEEPING; REPORTS. A person under
37-12 investigation in connection with a charge filed under this chapter
37-13 and who is subject to this chapter shall:
37-14 (1) make and keep records relevant to the
37-15 determination of whether unlawful employment practices have been or
37-16 are being committed;
37-17 (2) preserve the records for the period required by
37-18 commission rule or court order; and
37-19 (3) make reports from the records as prescribed by
37-20 commission rule or court order as reasonable, necessary, or
37-21 appropriate for the enforcement of this chapter or a rule or order
37-22 issued under this chapter. (V.A.C.S. Art. 5221k, Sec. 8.01(a).)
37-23 Sec. 21.302. RECORDS; TRAINING PROGRAM. The commission by
37-24 rule shall require that a person subject to this chapter who
37-25 controls an apprenticeship, on-the-job training, or other training
37-26 or retraining program:
37-27 (1) keep all records reasonably necessary to carry out
38-1 the purposes of this chapter, including a list of applicants for
38-2 participation in the program and a record of the chronological
38-3 order in which applications for the program were received; and
38-4 (2) furnish to the commission on request a detailed
38-5 description of the manner in which individuals are selected to
38-6 participate in the program. (V.A.C.S. Art. 5221k, Sec. 8.01(b).)
38-7 Sec. 21.303. CONFORMITY TO FEDERAL LAW. A report or record
38-8 required by the commission under this subchapter must conform to a
38-9 similar record or report required under 42 U.S.C. Section
38-10 2000e-8(c). (V.A.C.S. Art. 5221k, Sec. 8.01(c).)
38-11 Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or
38-12 employee of the commission may not disclose to the public
38-13 information obtained by the commission under Section 21.204 except
38-14 as necessary to the conduct of a proceeding under this chapter.
38-15 (V.A.C.S. Art. 5221k, Sec. 8.02(a) (part).)
38-16 Sec. 21.305. ACCESS TO COMMISSION RECORDS. (a) The
38-17 commission shall adopt rules allowing a party to a complaint filed
38-18 under Section 21.201 reasonable access to commission records
38-19 relating to the complaint.
38-20 (b) Unless the complaint is resolved through a voluntary
38-21 settlement or conciliation, on the written request of a party the
38-22 executive director shall allow the party access to the commission
38-23 records:
38-24 (1) after the final action of the commission; or
38-25 (2) if a civil action relating to the complaint is
38-26 filed in federal court alleging a violation of federal law.
38-27 (V.A.C.S. Art. 5221k, Sec. 8.02(a) (part).)
39-1 Sec. 21.306. SUBPOENA OF RECORD OR REPORT. (a) If a person
39-2 fails to permit access, examination, photographing, or copying or
39-3 fails to make, keep, or preserve a record or make a report in
39-4 accordance with this subchapter, the commission may issue a
39-5 subpoena requiring compliance.
39-6 (b) On a failure to comply with a subpoena of the
39-7 commission, the commission shall apply for an order directing
39-8 compliance to the district court of the county in which the person
39-9 is found, resides, or transacts business. (V.A.C.S. Art. 5221k,
39-10 Sec. 8.02(b).)
39-11 (Chapters 22-50 reserved for expansion)
39-12 SUBTITLE B. RESTRICTIONS ON LABOR
39-13 CHAPTER 51. EMPLOYMENT OF CHILDREN
39-14 SUBCHAPTER A. GENERAL PROVISIONS
39-15 Sec. 51.001. PURPOSE
39-16 Sec. 51.002. DEFINITIONS
39-17 Sec. 51.003. GENERAL EXEMPTIONS
39-18 (Sections 51.004-51.010 reserved for expansion)
39-19 SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
39-20 Sec. 51.011. MINIMUM AGE
39-21 Sec. 51.012. PERFORMER EXEMPTION
39-22 Sec. 51.013. HOURS OF EMPLOYMENT; HARDSHIP EXEMPTION
39-23 Sec. 51.014. HAZARDOUS OCCUPATIONS
39-24 (Sections 51.015-51.020 reserved for expansion)
39-25 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
39-26 Sec. 51.021. INSPECTION; COLLECTION OF INFORMATION
39-27 Sec. 51.022. CERTIFICATE OF AGE
40-1 Sec. 51.023. RULEMAKING
40-2 (Sections 51.024-51.030 reserved for expansion)
40-3 SUBCHAPTER D. PENALTY AND DEFENSE
40-4 Sec. 51.031. OFFENSE; PENALTY
40-5 Sec. 51.032. DEFENSE TO PROSECUTION
40-6 CHAPTER 51. EMPLOYMENT OF CHILDREN
40-7 SUBCHAPTER A. GENERAL PROVISIONS
40-8 Sec. 51.001. PURPOSE. The purpose of this chapter is to
40-9 ensure that a child is not employed in an occupation or manner that
40-10 is detrimental to the child's safety, health, or well-being.
40-11 (V.A.C.S. Art. 5181.1, Sec. 1.)
40-12 Sec. 51.002. DEFINITIONS. In this chapter:
40-13 (1) "Child" means an individual under 18 years of age.
40-14 (2) "Commission" means the Texas Employment
40-15 Commission. (V.A.C.S. Art. 5181.1, Secs. 2(1), (2).)
40-16 Sec. 51.003. GENERAL EXEMPTIONS. (a) This chapter does not
40-17 apply to employment of a child:
40-18 (1) employed in a:
40-19 (A) nonhazardous occupation;
40-20 (B) under the direct supervision of the child's
40-21 parent or an adult having custody of the child; and
40-22 (C) in a business or enterprise owned or
40-23 operated by the parent or custodian;
40-24 (2) engaged in delivery of newspapers to the consumer;
40-25 (3) participating in a school-supervised and
40-26 school-administered work-study program approved by the commission;
40-27 (4) employed in agriculture during a period when the
41-1 child is not legally required to be attending school;
41-2 (5) employed through a rehabilitation program
41-3 supervised by a county judge; or
41-4 (6) engaged in nonhazardous casual employment that
41-5 will not endanger the safety, health, or well-being of the child
41-6 and to which the parent or adult having custody of the child has
41-7 consented.
41-8 (b) In this section, "employment in agriculture" means
41-9 engaged in producing crops or livestock and includes:
41-10 (1) cultivating and tilling the soil;
41-11 (2) producing, cultivating, growing, and harvesting an
41-12 agricultural or horticultural commodity;
41-13 (3) dairying; and
41-14 (4) raising livestock, bees, fur-bearing animals, or
41-15 poultry.
41-16 (c) For the purposes of Subsection (a)(6), the commission by
41-17 rule may define nonhazardous casual employment that the commission
41-18 determines is dangerous to the safety, health, or well-being of a
41-19 child. (V.A.C.S. Art. 5181.1, Sec. 11.)
41-20 (Sections 51.004-51.010 reserved for expansion)
41-21 SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
41-22 Sec. 51.011. MINIMUM AGE. Except as provided by this
41-23 chapter, a person commits an offense if the person employs a child
41-24 under 14 years of age. (V.A.C.S. Art. 5181.1, Sec. 3.)
41-25 Sec. 51.012. PERFORMER EXEMPTION. The commission by rule
41-26 may authorize the employment of children under 14 years of age as
41-27 performers in a motion picture or a theatrical, radio, or
42-1 television production. (V.A.C.S. Art. 5181.1, Sec. 10.)
42-2 Sec. 51.013. HOURS OF EMPLOYMENT; HARDSHIP EXEMPTION. (a)
42-3 A person commits an offense if the person permits a child who is 14
42-4 or 15 years of age and who is employed by the person to work more
42-5 than:
42-6 (1) eight hours in one day; or
42-7 (2) 48 hours in one week.
42-8 (b) A person commits an offense if the person permits a
42-9 child who is 14 or 15 years of age, is employed by the person, and
42-10 is enrolled in a term of a public or private school to work:
42-11 (1) between the hours of 10 p.m. and 5 a.m. on a day
42-12 that is followed by a school day; or
42-13 (2) between the hours of midnight and 5 a.m. on a day
42-14 that is not followed by a school day.
42-15 (c) A person commits an offense if the person permits a
42-16 child who is 14 or 15 years of age, is employed by the person, and
42-17 is not enrolled in summer school to work between the hours of
42-18 midnight and 5 a.m. on any day during the time that school is
42-19 recessed for the summer.
42-20 (d) The commission may adopt rules for determining whether
42-21 hardships exist. If, on the application of a child, the commission
42-22 determines that a hardship exists for that child, this section does
42-23 not apply to that child. (V.A.C.S. Art. 5181.1, Secs. 5, 6.)
42-24 Sec. 51.014. HAZARDOUS OCCUPATIONS. (a) The commission by
42-25 rule shall declare an occupation to be hazardous if:
42-26 (1) the occupation has been declared to be hazardous
42-27 by an agency of the federal government; and
43-1 (2) the commission determines that the occupation is
43-2 particularly hazardous for the employment of children.
43-3 (b) The commission by rule may restrict the employment of
43-4 children 14 years of age or older in hazardous occupations.
43-5 (c) A person commits an offense if the person employs a
43-6 child in violation of a rule adopted under this section. (V.A.C.S.
43-7 Art. 5181.1, Sec. 8.)
43-8 (Sections 51.015-51.020 reserved for expansion)
43-9 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
43-10 Sec. 51.021. INSPECTION; COLLECTION OF INFORMATION. (a)
43-11 The commission, or a person designated by the commission, may,
43-12 during working hours:
43-13 (1) inspect a place where there is good reason to
43-14 believe that a child is employed; and
43-15 (2) collect information concerning the employment of a
43-16 child who works at that place.
43-17 (b) A person commits an offense if the person knowingly or
43-18 intentionally hinders an inspection or the collection of
43-19 information authorized by this section. (V.A.C.S. Art. 5181.1,
43-20 Sec. 7.)
43-21 Sec. 51.022. CERTIFICATE OF AGE. (a) A child who is at
43-22 least 14 years of age may apply to the commission for a certificate
43-23 of age that states the date of birth of the child.
43-24 (b) The application must include documentary proof of age as
43-25 required by the commission.
43-26 (c) After approval by the commission of the proof of age,
43-27 the commission shall issue to the child a certificate of age.
44-1 (V.A.C.S. Art. 5181.1, Secs. 9(a), (b), (c).)
44-2 Sec. 51.023. RULEMAKING. The commission may adopt rules
44-3 necessary to promote the purpose of this chapter but may not adopt
44-4 a rule permitting the employment of a child under 14 years of age
44-5 unless expressly authorized by this chapter. (V.A.C.S. Art.
44-6 5181.1, Sec. 4.)
44-7 (Sections 51.024-51.030 reserved for expansion)
44-8 SUBCHAPTER D. PENALTY AND DEFENSE
44-9 Sec. 51.031. OFFENSE; PENALTY. An offense under this
44-10 chapter is a Class C misdemeanor. (V.A.C.S. Art 5181.1, Sec. 12.)
44-11 Sec. 51.032. DEFENSE TO PROSECUTION. It is a defense to
44-12 prosecution of a person employing a child who does not meet the
44-13 minimum age requirement for a type of employment that the person
44-14 relied in good faith on an apparently valid certificate of age
44-15 presented by the child that showed the child to meet the age
44-16 requirement for that type of employment. (V.A.C.S. Art. 5181.1,
44-17 Sec. 9(d).)
44-18 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
44-19 SUBCHAPTER A. RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS
44-20 OF EMPLOYMENT
44-21 Sec. 52.001. RETAIL EMPLOYER
44-22 Sec. 52.002. EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY
44-23 CLOSING LAW
44-24 Sec. 52.003. OFFENSE; PENALTY; DEFENSE
44-25 (Sections 52.004-52.010 reserved for expansion)
44-26 SUBCHAPTER B. RESTRICTION ON WORK BY FOREIGN CREW
44-27 Sec. 52.011. PROHIBITION OF CERTAIN WORK BY FOREIGN CREW;
45-1 PENALTY
45-2 (Sections 52.012-52.020 reserved for expansion)
45-3 SUBCHAPTER C. RESTRICTIONS ON LENGTH OF HOES
45-4 Sec. 52.021. MINIMUM LENGTH OF HOE HANDLES
45-5 Sec. 52.022. OFFENSE; PENALTY
45-6 (Sections 52.023-52.030 reserved for expansion)
45-7 SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING
45-8 Sec. 52.031. BLACKLISTING OFFENSE; PENALTY
45-9 (Sections 52.032-52.040 reserved for expansion)
45-10 SUBCHAPTER E. RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
45-11 Sec. 52.041. COERCION OF EMPLOYEE TRADE; PENALTY
45-12 (Sections 52.042-52.050 reserved for expansion)
45-13 SUBCHAPTER F. RESTRICTIONS ON PENALIZING EMPLOYEE FOR
45-14 COMPLIANCE WITH SUBPOENA
45-15 Sec. 52.051. PENALIZING EMPLOYEE FOR COMPLIANCE
45-16 WITH SUBPOENA
45-17 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
45-18 SUBCHAPTER A. RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS
45-19 OF EMPLOYMENT
45-20 Sec. 52.001. RETAIL EMPLOYER. (a) A person who is an
45-21 employer may not require an employee to work seven consecutive days
45-22 in an establishment, the business of which is selling merchandise
45-23 at retail.
45-24 (b) The person may not deny an employee at least one period
45-25 of 24 consecutive hours of time off for rest or worship in each
45-26 seven-day period. The time off must be in addition to the regular
45-27 periods of rest allowed during each day worked.
46-1 (c) The person shall accommodate the religious beliefs and
46-2 practices of an employee unless the employer can demonstrate that
46-3 to do so would constitute an undue hardship on the conduct of the
46-4 employer's business. In addition, the person may not require an
46-5 employee to work during a period that the employee requests to be
46-6 off to attend one regular worship service a week of the employee's
46-7 religion.
46-8 (d) This section does not apply to employment of a part-time
46-9 employee whose total work hours for one employer during a calendar
46-10 week do not exceed 30 hours. (V.A.C.S. Art. 5165.4, Sec. 1.)
46-11 Sec. 52.002. EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY
46-12 CLOSING LAW. An employer whose establishment was closed on
46-13 Saturday or Sunday to comply with Chapter 15, Acts of the 57th
46-14 Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas
46-15 Civil Statutes), before that Act was repealed effective September
46-16 1, 1985, may not require an employee who has been continuously
46-17 employed by that employer since August 31, 1985, to work on
46-18 whichever of those days the establishment was closed.
46-19 (V.A.C.S. Art. 5165.4, Sec. 2.)
46-20 Sec. 52.003. OFFENSE; PENALTY; DEFENSE. (a) A person
46-21 commits an offense if the person violates this subchapter.
46-22 (b) An offense under this section is a Class C misdemeanor.
46-23 (c) It is an affirmative defense to prosecution under this
46-24 section that the employee volunteered for work on the seventh
46-25 consecutive day and that the employee signed a written statement
46-26 stating that the employee volunteered. The statement must also
46-27 contain a provision, signed by the employer or the employer's
47-1 agent, that the employer did not require the work.
47-2 (V.A.C.S. Art. 5165.4, Secs. 3, 4.)
47-3 (Sections 52.004-52.010 reserved for expansion)
47-4 SUBCHAPTER B. RESTRICTION ON WORK BY FOREIGN CREW
47-5 Sec. 52.011. PROHIBITION OF CERTAIN WORK BY FOREIGN CREW;
47-6 PENALTY. (a) A person commits an offense if the person:
47-7 (1) is an officer or member of a crew of a foreign
47-8 seagoing vessel; and
47-9 (2) works on a wharf or levee of a port beyond the end
47-10 of the vessel's tackle.
47-11 (b) An offense under this section is punishable by:
47-12 (1) a fine of not less than $10 and not more than
47-13 $100;
47-14 (2) confinement in jail for a term of not less than 10
47-15 days and not more than 30 days; or
47-16 (3) both the fine and confinement. (V.A.C.S. Art.
47-17 9005.)
47-18 (Sections 52.012-52.020 reserved for expansion)
47-19 SUBCHAPTER C. RESTRICTIONS ON LENGTH OF HOES
47-20 Sec. 52.021. Minimum Length of Hoe Handles. (a) An
47-21 employer of agricultural laborers may not require an employee to
47-22 use a hoe that has a handle shorter than four feet while performing
47-23 agricultural labor in a commercial farming operation.
47-24 (b) This section does not apply to an employer engaged in
47-25 the operation of a greenhouse or nursery. (V.A.C.S. Art. 5221j,
47-26 Secs. 1, 2.)
47-27 Sec. 52.022. Offense; Penalty. (a) A person commits an
48-1 offense if the person violates Section 52.021.
48-2 (b) An offense under this section is a Class C misdemeanor.
48-3 (V.A.C.S. Art. 5221j, Sec. 3.)
48-4 (Sections 52.023-52.030 reserved for expansion)
48-5 SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING
48-6 Sec. 52.031. BLACKLISTING OFFENSE; PENALTY. (a) In this
48-7 section, "blacklist" means to place on a book or list or publish
48-8 the name of an employee of an individual, firm, company, or
48-9 corporation who was discharged or who voluntarily left that
48-10 employment, intending to prevent the employee from engaging in or
48-11 securing employment of any kind with any other person, in either a
48-12 public or a private capacity.
48-13 (b) A person commits an offense if the person:
48-14 (1) blacklists or causes to be blacklisted an
48-15 employee; or
48-16 (2) conspires or contrives by correspondence or any
48-17 other manner to prevent an employee discharged by a corporation,
48-18 company, or individual from procuring employment.
48-19 (c) An offense under this section is punishable by:
48-20 (1) a fine of not less than $50 or more than $250;
48-21 (2) imprisonment in jail for not less than 30 days or
48-22 more than 90 days; or
48-23 (3) both the fine and imprisonment.
48-24 (d) This section may not be held to prohibit a corporation,
48-25 company, or individual from giving, on application from a
48-26 discharged employee or a person desiring to employ the employee, a
48-27 written truthful statement of the reason for the discharge. The
49-1 written statement may not be used as the cause for a civil or
49-2 criminal action for libel against the person who furnishes the
49-3 statement. (V.A.C.S. Arts. 5196c, 5196d, 5196e, 5196f.)
49-4 (Sections 52.032-52.040 reserved for expansion)
49-5 SUBCHAPTER E. RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
49-6 Sec. 52.041. COERCION OF EMPLOYEE TRADE; PENALTY. (a) A
49-7 person, firm, or corporation commits an offense if the person,
49-8 firm, or corporation requires or attempts to require by coercion an
49-9 employee to:
49-10 (1) deal with a person, association, corporation, or
49-11 company; or
49-12 (2) purchase an article of food, clothing, or other
49-13 merchandise at a place or store.
49-14 (b) A person, firm, or corporation commits an offense if the
49-15 person, firm, or corporation excludes from work, punishes, or
49-16 blacklists an employee for failure to:
49-17 (1) deal with the person, firm, or corporation; or
49-18 (2) purchase an article of food, clothing, or other
49-19 merchandise at a place or store.
49-20 (c) An offense under this section is punishable by a fine of
49-21 not less than $50 or more than $200. (V.A.C.S. Art. 5196g.)
49-22 (Sections 52.042-52.050 reserved for expansion)
49-23 SUBCHAPTER F. RESTRICTIONS ON PENALIZING EMPLOYEE FOR
49-24 COMPLIANCE WITH SUBPOENA
49-25 Sec. 52.051. PENALIZING EMPLOYEE FOR COMPLIANCE WITH
49-26 SUBPOENA. (a) An employer may not discharge, discipline, or
49-27 penalize in any manner an employee because the employee complies
50-1 with a valid subpoena to appear in a civil, criminal, legislative,
50-2 or administrative proceeding.
50-3 (b) If the subpoena to which a violation of Subsection (a)
50-4 applies is issued by a court, the employer violating Subsection (a)
50-5 may be found in contempt by the court issuing the subpoena.
50-6 (c) If the subpoena to which a violation of Subsection (a)
50-7 applies is issued by a legislative committee or a state agency, the
50-8 employer violating Subsection (a) is subject to the authority of
50-9 the committee or agency to impose a monetary penalty, not to exceed
50-10 $500, on a person who violates an order of the committee or agency.
50-11 (d) An employee discharged in violation of this section is
50-12 entitled to return to the same employment that the employee had at
50-13 the time the employee was subpoenaed if the employee, as soon as
50-14 practical after release from compliance with the subpoena, gives
50-15 the employer actual notice that the employee intends to return.
50-16 (e) An employee injured because of the violation of this
50-17 section by an employer may recover:
50-18 (1) damages in an amount that does not exceed six
50-19 months' compensation at the rate at which the employee was
50-20 compensated when the subpoena was issued; and
50-21 (2) reasonable attorney's fees.
50-22 (f) It is a defense to an action by an employee under this
50-23 section for reemployment that reemployment is impossible or
50-24 unreasonable because of a change in the employer's circumstances
50-25 while the employee complied with the subpoena. (V.A.C.S. Art.
50-26 5207c.)
50-27 (Chapters 53-60 reserved for expansion)
51-1 SUBTITLE C. WAGES
51-2 CHAPTER 61. PAYMENT OF WAGES
51-3 SUBCHAPTER A. GENERAL PROVISIONS
51-4 Sec. 61.001. DEFINITIONS
51-5 Sec. 61.002. COMMISSION POWERS
51-6 Sec. 61.003. GOVERNMENTAL ENTITIES EXCLUDED
51-7 (Sections 61.004-61.010 reserved for expansion)
51-8 SUBCHAPTER B. PAYMENT OF WAGES
51-9 Sec. 61.011. PAYDAYS
51-10 Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE
51-11 Sec. 61.013. PAYMENT OTHER THAN ON PAYDAY
51-12 Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT
51-13 Sec. 61.015. PAYMENT OF COMMISSIONS AND BONUSES
51-14 Sec. 61.016. FORM OF PAYMENT
51-15 Sec. 61.017. DELIVERY OF PAYMENT
51-16 Sec. 61.018. DEDUCTION FROM WAGES
51-17 Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY
51-18 Sec. 61.020. FAILURE TO PAY WAGES; ATTORNEY GENERAL ACTION
51-19 (Sections 61.021-61.030 reserved for expansion)
51-20 SUBCHAPTER C. SECURITY FOR WAGE PAYMENTS
51-21 Sec. 61.031. BOND
51-22 Sec. 61.032. SUIT TO ENFORCE BOND REQUIREMENT
51-23 Sec. 61.033. FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM
51-24 FOR WAGES; CIVIL PENALTY
51-25 (Sections 61.034-61.050 reserved for expansion)
51-26 SUBCHAPTER D. WAGE CLAIMS
51-27 Sec. 61.051. FILING WAGE CLAIM
52-1 Sec. 61.052. PRELIMINARY WAGE DETERMINATION ORDER
52-2 Sec. 61.053. BAD FAITH; ADMINISTRATIVE PENALTY
52-3 Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER
52-4 Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT
52-5 REQUESTED
52-6 Sec. 61.056. PAYMENT REQUIRED IF HEARING NOT REQUESTED
52-7 Sec. 61.057. NOTICE; TIME FOR HEARING
52-8 Sec. 61.058. HEARING PROCEDURES
52-9 Sec. 61.059. COMMISSION CONSIDERATION OF PRELIMINARY WAGE
52-10 DETERMINATION ORDER
52-11 Sec. 61.060. ORDER AFTER HEARING
52-12 Sec. 61.061. NOTICE AND FINALITY OF ORDER
52-13 Sec. 61.062. JUDICIAL REVIEW
52-14 Sec. 61.063. PAYMENT TO COMMISSION; ESCROW PENDING REVIEW;
52-15 WAIVER
52-16 Sec. 61.064. PAYMENT TO EMPLOYEE
52-17 Sec. 61.065. DEPOSIT OF PENALTY
52-18 Sec. 61.066. ATTORNEY GENERAL ACTION; ENFORCEMENT OF ORDER
52-19 (Sections 61.067-61.080 reserved for expansion)
52-20 SUBCHAPTER E. ADMINISTRATIVE LIEN
52-21 Sec. 61.081. CREATION AND ATTACHMENT OF LIEN
52-22 Sec. 61.082. ENFORCEMENT OF LIEN
52-23 Sec. 61.083. FILING; FEE
52-24 Sec. 61.084. RELEASE OF LIEN
52-25 CHAPTER 61. PAYMENT OF WAGES
52-26 SUBCHAPTER A. GENERAL PROVISIONS
52-27 Sec. 61.001. DEFINITIONS. In this chapter:
53-1 (1) "Commission" means the Texas Employment Commission
53-2 or its designee.
53-3 (2) "Day" means a calendar day.
53-4 (3) "Employee" means an individual who is employed by
53-5 an employer for compensation. The term does not include:
53-6 (A) a person related to the employer or the
53-7 employer's spouse within the first or second degree by
53-8 consanguinity or affinity, as determined under Article 5996h,
53-9 Revised Statutes; or
53-10 (B) an independent contractor.
53-11 (4) "Employer" means a person that employs one or more
53-12 employees.
53-13 (5) "Employment" means any service, including service
53-14 in interstate commerce, that is performed for wages or under a
53-15 contract of hire, whether written or oral or express or implied.
53-16 The term does not include any service performed by an individual
53-17 for wages if it is shown that the individual is free from control
53-18 or direction in the performance of the service, both under any
53-19 contract of service and in fact.
53-20 (6) "Mail" means to deposit for mailing with the
53-21 United States Postal Service.
53-22 (7) "Wages" means compensation owed by an employer
53-23 for:
53-24 (A) labor or services rendered by an employee,
53-25 whether computed on a time, task, piece, commission, or other
53-26 basis; and
53-27 (B) vacation pay, holiday pay, sick leave pay,
54-1 parental leave pay, or severance pay owed to an employee under a
54-2 written agreement with the employer or under a written policy of
54-3 the employer. (V.A.C.S. Art. 5155, Sec. 1 (part).)
54-4 Sec. 61.002. COMMISSION POWERS. (a) The commission may
54-5 adopt rules as necessary to implement this chapter.
54-6 (b) The commission may administer oaths as necessary to
54-7 implement this chapter. (V.A.C.S. Art. 5155, Sec. 7.)
54-8 Sec. 61.003. GOVERNMENTAL ENTITIES EXCLUDED. This chapter
54-9 does not apply to the United States, this state, or a political
54-10 subdivision of this state. (V.A.C.S. Art. 5155, Sec. 1 (part).)
54-11 (Sections 61.004-61.010 reserved for expansion)
54-12 SUBCHAPTER B. PAYMENT OF WAGES
54-13 Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to
54-14 each employee who is exempt from the overtime pay provisions of the
54-15 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
54-16 at least once a month.
54-17 (b) An employer shall pay wages to an employee other than an
54-18 employee covered by Subsection (a) at least twice a month.
54-19 (c) If wages are paid twice a month, each pay period must
54-20 consist as nearly as possible of an equal number of days.
54-21 (V.A.C.S. Art. 5155, Sec. 2(a).)
54-22 Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE. (a) An
54-23 employer shall designate paydays in accordance with Section 61.011.
54-24 (b) If an employer fails to designate paydays, the
54-25 employer's paydays are the first and 15th day of each month.
54-26 (c) An employer shall post, in conspicuous places in the
54-27 workplace, notices indicating the paydays. (V.A.C.S. Art. 5155,
55-1 Sec. 4.)
55-2 Sec. 61.013. PAYMENT OTHER THAN ON PAYDAY. An employer
55-3 shall pay an employee who is not paid on a payday for any reason,
55-4 including the employee's absence on a payday, on another regular
55-5 business day on the employee's request. (V.A.C.S. Art. 5155, Sec.
55-6 2(c).)
55-7 Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a)
55-8 An employer shall pay in full an employee who is discharged from
55-9 employment not later than the sixth day after the date the employee
55-10 is discharged.
55-11 (b) An employer shall pay in full an employee who leaves
55-12 employment other than by discharge not later than the next
55-13 regularly scheduled payday. (V.A.C.S. Art. 5155, Secs. 2(d), (e).)
55-14 Sec. 61.015. PAYMENT OF COMMISSIONS AND BONUSES. (a) Wages
55-15 paid on commission and bonuses are due according to the terms of:
55-16 (1) an agreement between the employee and employer; or
55-17 (2) an applicable collective bargaining agreement.
55-18 (b) An employer shall pay wages paid on commission and
55-19 bonuses to an employee in a timely manner as required for the
55-20 payment of other wages under this chapter. (V.A.C.S. Art. 5155,
55-21 Sec. 2(b).)
55-22 Sec. 61.016. FORM OF PAYMENT. (a) An employer shall pay
55-23 wages to an employee:
55-24 (1) in United States currency;
55-25 (2) by a written instrument issued by the employer
55-26 that is negotiable on demand at full face value for United States
55-27 currency; or
56-1 (3) by the electronic transfer of funds.
56-2 (b) An employee may agree in writing to receive part or all
56-3 of the wages in kind or in another form.
56-4 (c) Payment by a written instrument that is not negotiable
56-5 or for which payment is refused for any reason attributable to the
56-6 employer does not constitute payment of wages for the purposes of
56-7 this chapter. (V.A.C.S. Art. 5155, Sec. 2(f).)
56-8 Sec. 61.017. DELIVERY OF PAYMENT. An employer shall pay
56-9 wages by:
56-10 (1) delivering them to the employee at the employee's
56-11 regular place of employment during regular employment hours;
56-12 (2) delivering them to the employee at a time and
56-13 place agreed on by the employer and employee;
56-14 (3) sending them to the employee by registered mail,
56-15 to be received by the employee not later than payday;
56-16 (4) delivering them in a manner similar to a manner
56-17 specified by Subdivision (1), (2), or (3) to a person designated by
56-18 the employee in writing; or
56-19 (5) delivering them to the employee by any reasonable
56-20 means authorized by the employee in writing. (V.A.C.S. Art. 5155,
56-21 Sec. 2(g).)
56-22 Sec. 61.018. DEDUCTION FROM WAGES. An employer may not
56-23 withhold or divert any part of an employee's wages unless the
56-24 employer:
56-25 (1) is ordered to do so by a court of competent
56-26 jurisdiction;
56-27 (2) is authorized to do so by state or federal law; or
57-1 (3) has written authorization from the employee to
57-2 deduct part of the wages for a lawful purpose. (V.A.C.S. Art.
57-3 5155, Sec. 3.)
57-4 Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a)
57-5 An employer commits an offense if:
57-6 (1) at the time of hiring an employee, the employer
57-7 intends to avoid payment of wages owed to the employee; and
57-8 (2) the employer fails after demand to pay those
57-9 wages.
57-10 (b) An offense under this section is a felony of the third
57-11 degree. (V.A.C.S. Art. 5155, Sec. 5A.)
57-12 Sec. 61.020. FAILURE TO PAY WAGES; ATTORNEY GENERAL ACTION.
57-13 The attorney general may seek injunctive relief in district court
57-14 against an employer who repeatedly fails to pay wages as required
57-15 by this chapter. (V.A.C.S. Art. 5155, Sec. 5(k).)
57-16 (Sections 61.021-61.030 reserved for expansion)
57-17 SUBCHAPTER C. SECURITY FOR WAGE PAYMENTS
57-18 Sec. 61.031. BOND. (a) The commission may require an
57-19 employer to deposit a bond if:
57-20 (1) the employer is convicted of two violations of
57-21 this chapter; or
57-22 (2) a final order of the commission against an
57-23 employer for nonpayment of wages remains unsatisfied after the 10th
57-24 day after the date on which the time to appeal from that final
57-25 order has expired and an appeal is not pending.
57-26 (b) The bond must be:
57-27 (1) in an amount approved and considered by the
58-1 commission as adequate under the circumstances;
58-2 (2) payable to the state;
58-3 (3) conditioned that the employer, for a period not to
58-4 exceed 36 months, pay the employees in accordance with this
58-5 chapter; and
58-6 (4) conditioned that the employer pay any sum
58-7 recovered against the employer under this chapter. (V.A.C.S. Art.
58-8 5155, Sec. 2.1(a).)
58-9 Sec. 61.032. SUIT TO ENFORCE BOND REQUIREMENT. (a) If an
58-10 employer fails to deposit a bond required under Section 61.031
58-11 before the 11th day after the date on which demand is made for the
58-12 bond, the attorney general may bring a suit in the name of the
58-13 state against the employer to furnish the bond or to cease doing
58-14 business until the employer furnishes the bond.
58-15 (b) If the court finds just cause for requiring the bond and
58-16 that the bond is reasonably necessary and proper to secure prompt
58-17 payment of the wages of the employees of the employer and the
58-18 employer's compliance with this chapter, the court may enjoin the
58-19 employer from doing business until the requirement is met. The
58-20 injunction may also apply to any other person concerned with or in
58-21 any way participating in the failure to pay wages resulting in the
58-22 conviction or in a final order of the commission. The court may
58-23 make any other order appropriate and necessary to compel compliance
58-24 with the requirement.
58-25 (c) In an action under this section, the employer has the
58-26 burden of proving that the bond is unnecessary or that the amount
58-27 demanded by the commission is excessive. (V.A.C.S. Art. 5155, Sec.
59-1 2.1(b).)
59-2 Sec. 61.033. FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM
59-3 FOR WAGES; CIVIL PENALTY. (a) A surety company that issues a bond
59-4 to secure the payment of wages under this chapter and that wilfully
59-5 fails to pay a verified claim for wages found to be due and payable
59-6 is subject to a civil penalty in the amount of $1,000 for each
59-7 failure to pay each employee.
59-8 (b) A subsequent violation is subject to a civil penalty in
59-9 the amount of $1,000 for each failure to pay each employee plus 25
59-10 percent of the amount unlawfully withheld.
59-11 (c) The attorney general shall recover a penalty imposed by
59-12 this section in an action brought in the name of the state.
59-13 (V.A.C.S. Art. 5155, Secs. 2.2(a), (b) (part).)
59-14 (Sections 61.034-61.050 reserved for expansion)
59-15 SUBCHAPTER D. WAGE CLAIMS
59-16 Sec. 61.051. FILING WAGE CLAIM. (a) An employee who is not
59-17 paid wages as prescribed by this chapter may file a wage claim with
59-18 the commission in accordance with this subchapter.
59-19 (b) A wage claim must be in writing on a form prescribed by
59-20 the commission and must be verified by the employee.
59-21 (c) A wage claim must be filed not later than the 180th day
59-22 after the date the wages claimed became due for payment.
59-23 (d) The employee may file the wage claim:
59-24 (1) in person at an office of the commission; or
59-25 (2) by mailing the claim to an address designated by
59-26 the commission. (V.A.C.S. Art. 5155, Sec. 5(a).)
59-27 Sec. 61.052. PRELIMINARY WAGE DETERMINATION ORDER. (a) The
60-1 commission shall analyze each wage claim filed under Section 61.051
60-2 and, if the claim alleges facts actionable under this chapter,
60-3 shall investigate the claim and issue a preliminary wage
60-4 determination order:
60-5 (1) dismissing the wage claim; or
60-6 (2) ordering payment of wages determined to be due and
60-7 unpaid.
60-8 (b) If an administrative penalty is imposed under Section
60-9 61.053, the preliminary wage determination order must include an
60-10 order for payment of the penalty.
60-11 (c) The commission shall mail notice of the preliminary wage
60-12 determination order to each party at that party's last known
60-13 address, as reflected by commission records. (V.A.C.S. Art. 5155,
60-14 Sec. 5(b).)
60-15 Sec. 61.053. BAD FAITH; ADMINISTRATIVE PENALTY. (a) If the
60-16 commission determines that an employer acted in bad faith in not
60-17 paying wages as required by this chapter, the commission, in
60-18 addition to ordering the payment of the wages, may assess an
60-19 administrative penalty against the employer.
60-20 (b) If the commission determines an employee acted in bad
60-21 faith in bringing a wage claim, the commission may assess an
60-22 administrative penalty against the employee.
60-23 (c) An administrative penalty assessed under this section
60-24 may not exceed the lesser of:
60-25 (1) the amount of the wages in question or claimed; or
60-26 (2) $1,000.
60-27 (d) In determining the amount of an administrative penalty
61-1 assessed under this section, the commission shall consider:
61-2 (1) the seriousness of the violation;
61-3 (2) the history of previous violations;
61-4 (3) the amount necessary to deter a future violation;
61-5 and
61-6 (4) any other appropriate matter, including mitigating
61-7 circumstances. (V.A.C.S. Art. 5155, Sec. 5(c).)
61-8 Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER. (a)
61-9 Either party may request a hearing to contest a preliminary wage
61-10 determination order.
61-11 (b) The request for hearing must be made in writing not
61-12 later than the 21st day after the date the commission mails the
61-13 notice of the preliminary wage determination order. (V.A.C.S. Art.
61-14 5155, Sec. 5(d) (part).)
61-15 Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT
61-16 REQUESTED. If neither party requests a hearing to contest a
61-17 preliminary wage determination order within the period prescribed
61-18 by Section 61.054, the order becomes the final order of the
61-19 commission for all purposes, and neither party is entitled to
61-20 judicial review of the order under this subchapter. (V.A.C.S. Art.
61-21 5155, Sec. 5(d) (part).)
61-22 Sec. 61.056. PAYMENT REQUIRED IF HEARING NOT REQUESTED. (a)
61-23 An employer that does not request a hearing within the period
61-24 prescribed by Section 61.054 to contest a preliminary wage
61-25 determination order shall pay the amount ordered to the commission
61-26 not later than the 21st day after the date the commission mails
61-27 notice of the order.
62-1 (b) Payment to the commission constitutes payment to the
62-2 employee for all purposes. (V.A.C.S. Art. 5155, Sec. 5(e).)
62-3 Sec. 61.057. NOTICE; TIME FOR HEARING. (a) A notice
62-4 regarding an administrative hearing conducted under this subchapter
62-5 must be mailed by the commission not later than the 21st day after
62-6 the date a request for the hearing is received by the commission.
62-7 (b) As soon as practicable, but not later than the 45th day
62-8 after the date a notice is mailed under Subsection (a), the
62-9 commission shall conduct the hearing. (V.A.C.S. Art. 5155, Sec.
62-10 5(f) (part).)
62-11 Sec. 61.058. HEARING PROCEDURES. (a) A hearing conducted
62-12 under this subchapter is subject to the rules and hearings
62-13 procedures used by the commission in the determination of a claim
62-14 for unemployment compensation benefits.
62-15 (b) The hearing is not subject to the Administrative
62-16 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
62-17 Civil Statutes). (V.A.C.S. Art. 5155, Sec. 5(f) (part).)
62-18 Sec. 61.059. COMMISSION CONSIDERATION OF PRELIMINARY WAGE
62-19 DETERMINATION ORDER. The commission may modify, affirm, or rescind
62-20 a preliminary wage determination order. (V.A.C.S. Art. 5155, Sec.
62-21 5(f) (part).)
62-22 Sec. 61.060. ORDER AFTER HEARING. After a hearing, the
62-23 commission shall enter a written order for the payment of wages
62-24 that the commission determines to be due or for the payment of any
62-25 penalty the commission assesses. (V.A.C.S. Art. 5155, Sec. 5(g)
62-26 (part).)
62-27 Sec. 61.061. NOTICE AND FINALITY OF ORDER. (a) The
63-1 commission shall mail to each party to the appeal notice of:
63-2 (1) the decision;
63-3 (2) the amount of wages subject to the order;
63-4 (3) the amount of any penalty assessed; and
63-5 (4) the parties' right to judicial review of the
63-6 order.
63-7 (b) The notice shall be mailed to a party's last known
63-8 address, as shown by commission records.
63-9 (c) The order becomes final 14 days after the date on which
63-10 it is mailed unless before that date:
63-11 (1) a party to the appeal files a written motion for
63-12 rehearing; or
63-13 (2) the commission reopens the hearing. (V.A.C.S.
63-14 Art. 5155, Sec. 5(g) (part).)
63-15 Sec. 61.062. JUDICIAL REVIEW. (a) A party who has
63-16 exhausted the party's administrative remedies under this chapter
63-17 may bring a suit to appeal the order.
63-18 (b) The suit must be filed not later than the 60th day after
63-19 the date the final order is mailed.
63-20 (c) The commission and any other party to the proceeding
63-21 before the commission must be made defendants in the suit.
63-22 (d) The suit must be brought in the county of the claimant's
63-23 residence. If the claimant is not a resident of this state, the
63-24 suit must be brought in the county in this state in which the
63-25 employer has its principal place of business.
63-26 (e) An appeal under this subchapter is by trial de novo with
63-27 the substantial evidence rule being the standard of review in the
64-1 manner as applied to an appeal from a final decision under Subtitle
64-2 A, Title 4. (V.A.C.S. Art. 5155, Sec. 5(g) (part).)
64-3 Sec. 61.063. PAYMENT TO COMMISSION; ESCROW PENDING REVIEW;
64-4 WAIVER. (a) Not later than the 60th day after the date a
64-5 commission order becomes final, the party required to pay wages or
64-6 a penalty shall:
64-7 (1) pay the amount to the commission; or
64-8 (2) if the party files a petition for judicial review
64-9 in a court of competent jurisdiction contesting the final order,
64-10 send the amount to the commission for deposit in an
64-11 interest-bearing escrow account.
64-12 (b) Unless the party files an affidavit of inability to pay
64-13 with the clerk of the court within the period specified in
64-14 Subsection (a), failure to send the amount within that period
64-15 constitutes a waiver of the right to judicial review.
64-16 (c) If after judicial review it is determined that some or
64-17 all of the wages are not owed or the penalty is reduced or is not
64-18 assessed, the commission shall remit the appropriate amount to the
64-19 party assessed the wage payment or penalty, plus the interest
64-20 accrued on the escrowed amount. Interest under this section shall
64-21 be paid for the period beginning on the date the assessed amount is
64-22 paid to the commission and ending on the date the amount is
64-23 remitted to the party. (V.A.C.S. Art. 5155, Secs. 5(h), (i).)
64-24 Sec. 61.064. PAYMENT TO EMPLOYEE. Not later than the 30th
64-25 day after the date on which a claim is finally adjudicated or
64-26 otherwise resolved, the commission shall pay to the claimant wages
64-27 collected under this subchapter and any interest earned on those
65-1 wages. (V.A.C.S. Art. 5155, Sec. 5(l) (part).)
65-2 Sec. 61.065. DEPOSIT OF PENALTY. The commission shall
65-3 deposit a penalty collected under this subchapter in the
65-4 unemployment compensation special administration fund established
65-5 under Subchapter E, Chapter 203. (V.A.C.S. Art. 5155, Sec. 5(l)
65-6 (part).)
65-7 Sec. 61.066. ATTORNEY GENERAL ACTION; ENFORCEMENT OF ORDER.
65-8 (a) The attorney general may bring a suit in a district court in
65-9 Travis County to enforce a final order from which an appeal under
65-10 this chapter has not been taken.
65-11 (b) In a suit brought under Subsection (a), on the request
65-12 of the attorney general the court may order payment of attorney's
65-13 fees, including investigation costs and other costs of court.
65-14 (V.A.C.S. Art. 5155, Sec. 5(j).)
65-15 (Sections 61.067-61.080 reserved for expansion)
65-16 SUBCHAPTER E. ADMINISTRATIVE LIEN
65-17 Sec. 61.081. CREATION AND ATTACHMENT OF LIEN. (a) A final
65-18 order of the commission against an employer indebted to the state
65-19 for penalties or wages, unless timely appealed to a court, is a
65-20 lien on all the property belonging to the employer.
65-21 (b) The lien for an unpaid debt attaches at the time the
65-22 order of the commission becomes final. (V.A.C.S. Art. 5155, Sec.
65-23 6(a) (part).)
65-24 Sec. 61.082. ENFORCEMENT OF LIEN. (a) Subchapters A and B,
65-25 Chapter 113, Tax Code, govern the enforcement of a lien established
65-26 under this subchapter.
65-27 (b) In administering and enforcing the lien, the commission
66-1 has the duties imposed and the powers conferred on the comptroller
66-2 for the enforcement of other liens under Subchapters A and B,
66-3 Chapter 113, Tax Code. (V.A.C.S. Art. 5155, Sec. 6(a) (part).)
66-4 Sec. 61.083. FILING; FEE. (a) A lien under this subchapter
66-5 may be recorded in the book entitled "State Tax Liens" kept by the
66-6 county clerk as provided by Section 113.004, Tax Code.
66-7 (b) The commission shall pay the county clerk of the county
66-8 in which a notice of the lien has been filed the usual fee for
66-9 filing and recording similar instruments. The fee shall be paid by
66-10 warrant drawn by the comptroller. The fee is an amount due to the
66-11 commission from the employer. (V.A.C.S. Art. 5155, Secs. 6(a)
66-12 (part), (b) (part).)
66-13 Sec. 61.084. RELEASE OF LIEN. (a) A lien under this
66-14 subchapter may be released in the manner provided by Subchapter A,
66-15 Chapter 113, Tax Code, for a state tax lien.
66-16 (b) If the liability secured by the lien is fully paid, the
66-17 commission shall mail a release of lien to the employer.
66-18 (c) The employer is responsible for filing a release of lien
66-19 with the appropriate county clerk and paying the county clerk's fee
66-20 for recording the release. (V.A.C.S. Art. 5155, Secs. 6(a) (part),
66-21 (b) (part).)
66-22 CHAPTER 62. MINIMUM WAGE
66-23 SUBCHAPTER A. GENERAL PROVISIONS
66-24 Sec. 62.001. SHORT TITLE
66-25 Sec. 62.002. DEFINITIONS
66-26 Sec. 62.003. EARNINGS STATEMENT
66-27 Sec. 62.004. PROVISION OF INFORMATION
67-1 Sec. 62.005. COLLECTIVE BARGAINING NOT IMPAIRED
67-2 (Sections 62.006-62.050 reserved for expansion)
67-3 SUBCHAPTER B. MINIMUM WAGE
67-4 Sec. 62.051. MINIMUM WAGE
67-5 Sec. 62.052. TIPPED EMPLOYEES
67-6 Sec. 62.053. COST OF MEALS OR LODGING
67-7 Sec. 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL
67-8 Sec. 62.055. SPECIAL WAGE FOR CERTAIN EMPLOYEES
67-9 Sec. 62.056. MEDICAL CERTIFICATE
67-10 Sec. 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF MENTAL
67-11 HEALTH AND MENTAL RETARDATION
67-12 (Sections 62.058-62.100 reserved for expansion)
67-13 SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
67-14 Sec. 62.101. DEFINITION
67-15 Sec. 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE
67-16 WORKERS
67-17 Sec. 62.103. PIECE RATE DETERMINED BY COMMISSIONER
67-18 Sec. 62.104. COLLECTION OF INFORMATION
67-19 Sec. 62.105. COMPUTATION OF PIECE RATE
67-20 Sec. 62.106. HEARINGS
67-21 Sec. 62.107. ORDER ESTABLISHING PIECE RATE
67-22 Sec. 62.108. RULES
67-23 Sec. 62.109. APPEAL OF COMMISSIONER'S DECISION
67-24 Sec. 62.110. CHANGE IN PIECE RATE
67-25 Sec. 62.111. ANNUAL REVIEW OF PIECE RATES
67-26 Sec. 62.112. PIECE RATE FOR CERTAIN COMMODITIES PROHIBITED
67-27 Sec. 62.113. APPLICATION TO DIRECT EMPLOYMENT AND
68-1 CONTRACT LABOR
68-2 Sec. 62.114. SUSPENSION OF PIECE RATE
68-3 (Sections 62.115-62.150 reserved for expansion)
68-4 SUBCHAPTER D. EXEMPTIONS
68-5 Sec. 62.151. PERSON COVERED BY FEDERAL ACT
68-6 Sec. 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL, CHARITABLE,
68-7 OR NONPROFIT ORGANIZATION
68-8 Sec. 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS, SALESPERSONS,
68-9 AND PUBLIC OFFICIALS
68-10 Sec. 62.154. DOMESTIC EMPLOYMENT
68-11 Sec. 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS
68-12 Sec. 62.156. EMPLOYMENT OF INMATES
68-13 Sec. 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS
68-14 Sec. 62.158. CERTAIN AMUSEMENT AND RECREATIONAL
68-15 ESTABLISHMENTS
68-16 Sec. 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO UNEMPLOYMENT
68-17 COMPENSATION FUND; CERTIFICATE
68-18 Sec. 62.160. AGRICULTURAL EXEMPTIONS
68-19 Sec. 62.161. SHELTERED WORKSHOPS
68-20 (Sections 62.162-62.200 reserved for expansion)
68-21 SUBCHAPTER E. CIVIL PENALTY
68-22 Sec. 62.201. CIVIL PENALTY
68-23 Sec. 62.202. LIMITATIONS
68-24 Sec. 62.203. PLAINTIFFS
68-25 Sec. 62.204. REQUIRED FINDINGS
68-26 Sec. 62.205. ATTORNEY'S FEES; COSTS
68-27 CHAPTER 62. MINIMUM WAGE
69-1 SUBCHAPTER A. GENERAL PROVISIONS
69-2 Sec. 62.001. SHORT TITLE. This chapter may be cited as the
69-3 Texas Minimum Wage Act. (V.A.C.S. Art. 5159d, Sec. 2.)
69-4 Sec. 62.002. DEFINITIONS. In this chapter, unless the
69-5 context requires a different definition:
69-6 (1) "Agricultural piece rate worker" means a person:
69-7 (A) who is employed as a hand harvest laborer in
69-8 agriculture; and
69-9 (B) whose pay is computed on a piece rate in an
69-10 operation for which the pay has been and is customarily and
69-11 generally recognized as having been computed on a piece rate in the
69-12 region of employment.
69-13 (2) "Agriculture" includes:
69-14 (A) farming in all its branches;
69-15 (B) cultivating and tilling the soil;
69-16 (C) dairying;
69-17 (D) producing, cultivating, growing, and
69-18 harvesting an agricultural or horticultural commodity, including a
69-19 commodity defined as an agricultural commodity by Section 15(g),
69-20 Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
69-21 (E) raising livestock, bees, fur-bearing
69-22 animals, or poultry; and
69-23 (F) any practice performed by a farmer or on a
69-24 farm as an incident to or in conjunction with farming operations,
69-25 including:
69-26 (i) forestry or lumber operations;
69-27 (ii) preparation for market; and
70-1 (iii) delivery to storage, market, or a
70-2 carrier for transportation to market.
70-3 (3) "Commission" means the Texas Employment
70-4 Commission.
70-5 (4) "Employ" includes to permit to work.
70-6 (5) "Employee" includes any individual employed by an
70-7 employer.
70-8 (6) "Employer" includes a person acting directly or
70-9 indirectly in the interest of an employer in relation to an
70-10 employee.
70-11 (7) "Person" means an individual, partnership,
70-12 association, corporation, business trust, legal representative, or
70-13 any organized group of persons. (V.A.C.S. Art. 5159d, Secs. 3(a),
70-14 (b), (c), (d), (f), (g); New.)
70-15 Sec. 62.003. EARNINGS STATEMENT. (a) At the end of each
70-16 pay period, an employer shall give each employee a written earnings
70-17 statement covering the pay period.
70-18 (b) An earnings statement must be signed by the employer or
70-19 the employer's agent and must show:
70-20 (1) the name of the employee;
70-21 (2) the rate of pay;
70-22 (3) the total amount of pay earned by the employee
70-23 during the pay period;
70-24 (4) any deduction made from the employee's pay and the
70-25 purpose of the deduction;
70-26 (5) the amount of pay after all deductions are made;
70-27 (6) the total number of:
71-1 (A) hours worked by the employee if the
71-2 employee's pay is computed by the hour; or
71-3 (B) units produced by the employee during the
71-4 pay period if the employee's pay is computed on a piece rate; and
71-5 (7) the words "medical certificate," if the employee
71-6 is paid a wage lower than the applicable minimum wage under Section
71-7 62.055.
71-8 (c) An earnings statement may be in any form determined by
71-9 the employer. The information required by Subsection (b) may be
71-10 stated on a check voucher or bank draft given to an employee for
71-11 the employee's wages.
71-12 (d) In this section, "pay period" means the period that an
71-13 employee works for which salary or wages are regularly paid under
71-14 the employee's employment agreement. (V.A.C.S. Art. 5159d, Secs.
71-15 3(k); 9(c) (part); 11(a), (c).)
71-16 Sec. 62.004. PROVISION OF INFORMATION. The commission shall
71-17 provide information to the public about this chapter to ensure that
71-18 both employers and employees in this state are fully aware of:
71-19 (1) their respective rights and responsibilities;
71-20 (2) the specified exemptions; and
71-21 (3) the penalties and liabilities that may be incurred
71-22 for a violation of this chapter. (V.A.C.S. Art. 5159d, Sec. 15.)
71-23 Sec. 62.005. COLLECTIVE BARGAINING NOT IMPAIRED. This
71-24 chapter does not interfere with or in any way diminish the right of
71-25 employees to bargain collectively with their employer through
71-26 representatives chosen by the employees to establish wages that
71-27 exceed the applicable minimum wage under this chapter. (V.A.C.S.
72-1 Art. 5159d, Sec. 14.)
72-2 (Sections 62.006-62.050 reserved for expansion)
72-3 SUBCHAPTER B. MINIMUM WAGE
72-4 Sec. 62.051. MINIMUM WAGE. An employer shall pay to each
72-5 employee not less than $3.35 an hour, except as provided by
72-6 Sections 62.055 and 62.057. (V.A.C.S. Art. 5159d, Secs. 5(a), 6.)
72-7 Sec. 62.052. TIPPED EMPLOYEES. (a) In determining the wage
72-8 of a tipped employee, the amount paid the employee by the employer
72-9 is considered to be increased because of tips by an amount
72-10 determined by the employer but that does not exceed 50 percent of
72-11 the applicable minimum wage rate.
72-12 (b) In this section, "tipped employee" means an employee
72-13 engaged in an occupation in which the employee customarily and
72-14 regularly receives more than $20 a month in tips. (V.A.C.S. Art.
72-15 5159d, Secs. 3(e), 5(b).)
72-16 Sec. 62.053. COST OF MEALS OR LODGING. In computing the
72-17 wage paid to an employee, an employer may include the reasonable
72-18 cost to the employer of furnishing meals, lodging, or both to the
72-19 employee if:
72-20 (1) meals or lodging customarily are furnished by the
72-21 employer to employees; and
72-22 (2) the cost of the meals and lodging are separately
72-23 stated and identified in the earnings statement furnished to the
72-24 employee under Section 62.003. (V.A.C.S. Art. 5159d, Sec. 5(c).)
72-25 Sec. 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL. An employer
72-26 may not be required to pay an employee who lives on the premises of
72-27 a business and who is assigned certain working hours plus
73-1 additional hours when the employee is subject to call for more than
73-2 the number of hours the employee actually works or is on duty
73-3 because of assigned working hours. (V.A.C.S. Art. 5159d, Sec.
73-4 5(d).)
73-5 Sec. 62.055. SPECIAL WAGE FOR CERTAIN EMPLOYEES. (a) A
73-6 person may be employed at a wage less than the applicable minimum
73-7 wage under this chapter but not less than 60 percent of the minimum
73-8 wage if:
73-9 (1) the person's earning or productive capacity is
73-10 impaired by age, physical or mental deficiency, or injury; or
73-11 (2) the person is over 65 years of age.
73-12 (b) Subsection (a) does not apply to a person employed as an
73-13 agricultural piece rate worker. (V.A.C.S. Art. 5159d, Sec. 9(a)
73-14 (part).)
73-15 Sec. 62.056. MEDICAL CERTIFICATE. (a) An employer who
73-16 employs a person described by Section 62.055(a)(1) at a wage lower
73-17 than the applicable minimum wage under Section 62.051 is liable
73-18 under Subchapter E unless before employing the person the employer
73-19 obtains a medical certificate meeting the requirements of
73-20 Subsection (b).
73-21 (b) The medical certificate must be signed by a physician
73-22 licensed to practice medicine by the Texas State Board of Medical
73-23 Examiners and must certify that because of age, physical or mental
73-24 deficiency, or injury the productive or earning capacity of the
73-25 person seeking employment is materially impaired.
73-26 (c) The employer shall retain the medical certificate during
73-27 the period of the person's employment and for two years after the
74-1 employment ends. (V.A.C.S. Art. 5159d, Secs. 9(b) (part), (c)
74-2 (part).)
74-3 Sec. 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF
74-4 MENTAL HEALTH AND MENTAL RETARDATION. (a) A person may be
74-5 compensated for services rendered to the Texas Department of Mental
74-6 Health and Mental Retardation or a department facility at a
74-7 percentage of the base wage adopted under this section if:
74-8 (1) the person is a patient or client of a department
74-9 facility;
74-10 (2) the person's productive capacity is impaired;
74-11 (3) the person:
74-12 (A) assists in the operation of the facility as
74-13 part of the person's therapy; or
74-14 (B) receives occupational training in a
74-15 sheltered workshop or other program operated by the department; and
74-16 (4) the facility or department derives an economic
74-17 benefit from the person's services.
74-18 (b) The percentage of the base wage paid to a person under
74-19 Subsection (a) must correspond to the percentage of the person's
74-20 productive capacity compared with the capacity of an employee who
74-21 performs the same or similar tasks and who is not similarly
74-22 impaired.
74-23 (c) The department shall adopt rules to determine the base
74-24 wage and the percentage of productive capacity of the patients and
74-25 clients and other rules necessary to implement this section.
74-26 (d) Services rendered and payment provided under this
74-27 section may not be construed as creating an employer-employee
75-1 relationship between the department and the patient or client
75-2 engaged in occupational training or therapeutic or rehabilitative
75-3 services. (V.A.C.S. Art. 5159d, Sec. 10a (part).)
75-4 (Sections 62.058-62.100 reserved for expansion)
75-5 SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
75-6 Sec. 62.101. DEFINITION. In this subchapter, "commissioner"
75-7 means the commissioner of agriculture. (V.A.C.S. Art. 5159d, Sec.
75-8 3(j).)
75-9 Sec. 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE
75-10 WORKERS. (a) A person employed as an agricultural piece rate
75-11 worker to harvest a commodity for which a piece rate has been
75-12 established by the commissioner under this subchapter is entitled
75-13 to receive not less than the minimum hourly wage established under
75-14 Section 62.051.
75-15 (b) Section 62.051 applies to an employer employing a hand
75-16 harvest laborer to harvest a commodity for which a piece rate has
75-17 not been established.
75-18 (c) An employer may not pay an agricultural piece rate
75-19 worker at a piece rate less than the rate determined by the
75-20 commissioner under Section 62.103. (V.A.C.S. Art. 5159d, Secs.
75-21 7(a), (b) (part), (d) (part).)
75-22 Sec. 62.103. PIECE RATE DETERMINED BY COMMISSIONER. (a)
75-23 The commissioner shall determine a piece rate for each agricultural
75-24 commodity that is commercially produced in substantial quantity in
75-25 this state.
75-26 (b) For each agricultural commodity, the piece rate must be
75-27 equivalent to the minimum hourly wage for other agricultural
76-1 workers, as provided by Section 62.051, so that when payment by
76-2 unit of production is applied to a worker of average ability and
76-3 diligence in harvesting the commodity, the worker receives an
76-4 amount equal to the minimum hourly wage for other agricultural
76-5 workers.
76-6 (c) If an agricultural piece rate worker harvests more than
76-7 the number of units of a particular commodity that would provide
76-8 the established minimum wage, the worker shall be paid for the
76-9 total number of units of production that the worker harvests.
76-10 (V.A.C.S. Art. 5159d, Sec. 7(b) (part).)
76-11 Sec. 62.104. COLLECTION OF INFORMATION. (a) The
76-12 commissioner shall collect sufficient information about the actual
76-13 productivity of hand harvesters of agricultural commodities in this
76-14 state to reasonably determine a piece rate for each commodity.
76-15 (b) The commissioner shall retain all information used for
76-16 determining a piece rate while the piece rate is in effect.
76-17 (c) All information used for determining a piece rate shall
76-18 be available for public inspection. (V.A.C.S. Art. 5159d, Secs.
76-19 7(c) (part), (e).)
76-20 Sec. 62.105. COMPUTATION OF PIECE RATE. (a) From the
76-21 information collected under Section 62.104, the average hourly
76-22 productivity of hand harvest laborers for each agricultural
76-23 commodity commercially produced in substantial quantity in this
76-24 state shall be computed and expressed in:
76-25 (1) units of the commodity; or
76-26 (2) units of weight or measure customarily used in
76-27 regard to the commodity.
77-1 (b) The piece rate established by the commissioner for a
77-2 commodity must equal the minimum wage for agricultural workers
77-3 under Section 62.051 divided by the average hourly production of
77-4 hand harvesters of the commodity, rounded to the nearest cent.
77-5 (V.A.C.S. Art. 5159d, Sec. 7(c) (part).)
77-6 Sec. 62.106. HEARINGS. (a) Before issuing an order
77-7 establishing a piece rate, the commissioner or a person designated
77-8 by the commissioner shall hold a public hearing at which the
77-9 proposed rate and the information from which the rate is determined
77-10 shall be presented.
77-11 (b) Agricultural employers and employees or their
77-12 representatives shall be given a reasonable opportunity to be heard
77-13 and to protest the establishment of a proposed rate.
77-14 (c) After a hearing, the commissioner may modify a proposed
77-15 rate before finally establishing the rate. (V.A.C.S. Art. 5159d,
77-16 Sec. 7(f) (part).)
77-17 Sec. 62.107. ORDER ESTABLISHING PIECE RATE. (a) An order
77-18 of the commissioner establishing or modifying a piece rate may not
77-19 take effect before the 31st day after the date the order is issued.
77-20 (b) Each order establishing a piece rate shall be kept on
77-21 file in the commissioner's office in Austin, Texas.
77-22 (c) The commissioner shall furnish a copy of each order
77-23 establishing a piece rate to the Texas Employment Commission.
77-24 (V.A.C.S. Art. 5159d, Secs. 7(g) (part), (h) (part).)
77-25 Sec. 62.108. RULES. The commissioner may adopt rules
77-26 necessary for the proper administration of this subchapter,
77-27 including procedures for giving notice of and conducting hearings.
78-1 (V.A.C.S. Art. 5159d, Sec. 7(l).)
78-2 Sec. 62.109. APPEAL OF COMMISSIONER'S DECISION. (a) Unless
78-3 set aside by a judgment of a court of competent jurisdiction, the
78-4 commissioner's decision establishing a piece rate is final and
78-5 binding on all parties subject to this chapter.
78-6 (b) If a piece rate for a commodity is set aside by final
78-7 judgment of a court of competent jurisdiction, the minimum hourly
78-8 wage provided by Section 62.051 applies to harvesting the commodity
78-9 until a valid piece rate is established. (V.A.C.S. Art. 5159d,
78-10 Sec. 7(f) (part).)
78-11 Sec. 62.110. CHANGE IN PIECE RATE. A new piece rate may be
78-12 established for a commodity in the manner provided for the
78-13 establishment of an initial piece rate at any time the information
78-14 available to the commissioner indicates a substantial change in
78-15 condition. (V.A.C.S. Art. 5159d, Sec. 7(i) (part).)
78-16 Sec. 62.111. ANNUAL REVIEW OF PIECE RATES. The commissioner
78-17 shall review each piece rate at least annually and shall determine
78-18 if a new piece rate is needed. (V.A.C.S. Art. 5159d, Sec. 7(i)
78-19 (part).)
78-20 Sec. 62.112. PIECE RATE FOR CERTAIN COMMODITIES PROHIBITED.
78-21 (a) A piece rate may not be established for harvesting of a
78-22 commodity if, in the commissioner's judgment:
78-23 (1) sufficient information is not available for
78-24 determining the average hourly productivity of hand harvesters of
78-25 the commodity; or
78-26 (2) the commodity is not commercially produced in this
78-27 state in sufficient quantity to justify establishing a piece rate.
79-1 (b) The commissioner's decision not to establish a piece
79-2 rate for a particular commodity does not preclude the subsequent
79-3 establishment of a piece rate for the commodity when, in the
79-4 commissioner's judgment:
79-5 (1) sufficient information is available; and
79-6 (2) the quantity of production of the commodity
79-7 justifies establishing a piece rate. (V.A.C.S. Art. 5159d, Sec.
79-8 7(d) (part).)
79-9 Sec. 62.113. APPLICATION TO DIRECT EMPLOYMENT AND CONTRACT
79-10 LABOR. This subchapter applies to:
79-11 (1) a person directly employed by an owner, operator,
79-12 or manager of a farm; and
79-13 (2) a person whose services to perform agricultural
79-14 labor are furnished to an employer by someone other than the
79-15 laborer. (V.A.C.S. Art. 5159d, Secs. 3(h), 7(j).)
79-16 Sec. 62.114. SUSPENSION OF PIECE RATE. The commissioner by
79-17 order may suspend a piece rate in a specified area for not more
79-18 than 30 days in an emergency caused by:
79-19 (1) a flood, hurricane, or other natural disaster; or
79-20 (2) any occurrence that may result in the excessive
79-21 loss of agricultural products. (V.A.C.S. Art. 5159d, Sec. 7(k).)
79-22 (Sections 62.115-62.150 reserved for expansion)
79-23 SUBCHAPTER D. EXEMPTIONS
79-24 Sec. 62.151. PERSON COVERED BY FEDERAL ACT. This chapter
79-25 does not apply to a person covered by the Fair Labor Standards Act
79-26 of 1938 (29 U.S.C. Section 201 et seq.). (V.A.C.S. Art. 5159d,
79-27 Sec. 4(a).)
80-1 Sec. 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL,
80-2 CHARITABLE, OR NONPROFIT ORGANIZATION. An employer is exempt from
80-3 this chapter with respect to the employment of a person who is:
80-4 (1) a member of a religious order while the person is
80-5 performing a service for or at the direction of the order;
80-6 (2) a duly ordained, commissioned, or licensed
80-7 minister, priest, rabbi, sexton, or Christian Science reader while
80-8 the person is performing services in that capacity for a church,
80-9 synagogue, or religious organization;
80-10 (3) engaged in the activities of a religious,
80-11 educational, charitable, or nonprofit organization in which:
80-12 (A) the employer-employee relationship does not
80-13 in fact exist; or
80-14 (B) the services are rendered to the
80-15 organization gratuitously;
80-16 (4) employed by the Boy Scouts of America, the Girl
80-17 Scouts of America, or a local organization affiliated with those
80-18 organizations;
80-19 (5) employed by a camp of a religious, educational,
80-20 charitable, or nonprofit organization; or
80-21 (6) employed with the person's spouse by a nonprofit
80-22 educational institution to serve as the parents of a child:
80-23 (A) who is an orphan;
80-24 (B) one of whose natural parents is deceased; or
80-25 (C) who is enrolled in and resides in
80-26 residential facilities of the institution, if the employee and the
80-27 employee's spouse:
81-1 (i) reside in residential facilities of
81-2 the institution; and
81-3 (ii) receive, without cost, board and
81-4 lodging from the institution. (V.A.C.S. Art. 5159d, Secs. 4(b)
81-5 (part), (d).)
81-6 Sec. 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS,
81-7 SALESPERSONS, AND PUBLIC OFFICIALS. An employer is exempt from
81-8 this chapter with respect to the employment of a person:
81-9 (1) employed in a bona fide executive, administrative,
81-10 or professional capacity;
81-11 (2) employed as an outside salesperson or collector
81-12 and paid a commission; or
81-13 (3) who performs services for a political subdivision
81-14 as an elected official or as a member of a legislative body.
81-15 (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
81-16 Sec. 62.154. DOMESTIC EMPLOYMENT. An employer is exempt
81-17 from this chapter with respect to the employment of a person who:
81-18 (1) performs domestic services in or about a private
81-19 home, including a person who performs the duties of baby-sitting in
81-20 or out of the employer's home; or
81-21 (2) lives in or about a private home and furnishes
81-22 personal care for a resident of the home. (V.A.C.S. Art. 5159d,
81-23 Sec. 4(b) (part).)
81-24 Sec. 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS. An
81-25 employer is exempt from this chapter with respect to the employment
81-26 of a person who:
81-27 (1) is less than 18 years of age and is not a high
82-1 school graduate or a graduate of a vocational training program,
82-2 other than a person who is employed in agriculture and whose pay is
82-3 computed on a piece rate;
82-4 (2) is less than 20 years of age and is a student
82-5 regularly enrolled in a high school, college, university, or
82-6 vocational training program, other than a person who is employed in
82-7 agriculture and whose pay is computed on a piece rate; or
82-8 (3) has a disability and who is:
82-9 (A) not more than 21 years of age;
82-10 (B) a client of vocational rehabilitation; and
82-11 (C) participating in a cooperative school-work
82-12 program. (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
82-13 Sec. 62.156. EMPLOYMENT OF INMATES. An employer is exempt
82-14 from this chapter with respect to the employment of a person who
82-15 performs services while imprisoned in the institutional division of
82-16 the Texas Department of Criminal Justice or while confined in a
82-17 local jail. (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
82-18 Sec. 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS. An
82-19 employer is exempt from this chapter with respect to employment of
82-20 the employer's brother, sister, brother-in-law, sister-in-law,
82-21 child, spouse, parent, son-in-law, daughter-in-law, ward, or person
82-22 in loco parentis to the employee. (V.A.C.S. Art. 5159d, Sec. 4(b)
82-23 (part).)
82-24 Sec. 62.158. CERTAIN AMUSEMENT AND RECREATIONAL
82-25 ESTABLISHMENTS. An employer is exempt from this chapter with
82-26 respect to employment in an amusement or recreational establishment
82-27 that:
83-1 (1) does not operate for more than seven months in a
83-2 calendar year; or
83-3 (2) had average receipts for any six months of the
83-4 preceding calendar year of not more than 33-1/3 percent of its
83-5 average receipts for the other six months of the year. (V.A.C.S.
83-6 Art. 5159d, Sec. 4(b) (part).)
83-7 Sec. 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO
83-8 UNEMPLOYMENT COMPENSATION FUND; CERTIFICATE. (a) An employer that
83-9 is liable for payment of contributions to the unemployment
83-10 compensation fund under Subtitle A, Title 4, is exempt from this
83-11 chapter, except with respect to employment of a person in
83-12 agriculture.
83-13 (b) The commission shall furnish a certificate stating
83-14 whether a specified employer is liable for the payment of
83-15 contributions to the unemployment compensation fund under Subtitle
83-16 A, Title 4, to a person making a written request for a certificate.
83-17 The commission may require payment of a fee not to exceed $5 for
83-18 the issuance of the certificate.
83-19 (c) A certificate issued under this section is admissible in
83-20 evidence in an action brought by an employee under Subchapter E.
83-21 In the absence of evidence to the contrary:
83-22 (1) it is presumed that the facts stated in the
83-23 certificate are true; and
83-24 (2) the certificate is conclusive as to whether the
83-25 named employer is exempt from this chapter under this section.
83-26 (V.A.C.S. Art. 5159d, Sec. 4(c) (part).)
83-27 Sec. 62.160. AGRICULTURAL EXEMPTIONS. (a) An employer is
84-1 exempt from this chapter with respect to employment of a person in
84-2 dairy farming.
84-3 (b) Sections 62.051-62.054 and Subchapter C do not apply to
84-4 an agricultural employer with respect to an employee engaged in the
84-5 production of livestock.
84-6 (c) In this section, "production of livestock" includes:
84-7 (1) any livestock operation, without regard to size or
84-8 type of location, in which the land produces forage or feedstuffs,
84-9 including naturally or artificially revegetated forage or
84-10 feedstuffs;
84-11 (2) breeding, feeding, watering, containing,
84-12 maintaining, and caring for livestock;
84-13 (3) production of livestock in feedlots; and
84-14 (4) all other activities necessary or useful to the
84-15 raising of livestock. (V.A.C.S. Art. 5159d, Secs. 3(l), 4(b)
84-16 (part), 8.)
84-17 Sec. 62.161. SHELTERED WORKSHOPS. A nonprofit charitable
84-18 organization that is engaged in evaluating, training, and
84-19 employment services for clients with disabilities and that complies
84-20 with federal regulations covering those activities is considered to
84-21 have complied with this chapter. (V.A.C.S. Art. 5159d, Sec. 10.)
84-22 (Sections 62.162-62.200 reserved for expansion)
84-23 SUBCHAPTER E. CIVIL PENALTY
84-24 Sec. 62.201. CIVIL PENALTY. An employer who violates
84-25 Section 62.051, 62.052, 62.053, 62.054, 62.055, or 62.056 or
84-26 Subchapter C is liable to an affected employee in the amount of the
84-27 unpaid wages plus an additional equal amount as liquidated damages.
85-1 (V.A.C.S. Art. 5159d, Sec. 13(a).)
85-2 Sec. 62.202. LIMITATIONS. An action to recover a liability
85-3 imposed by this subchapter must be brought not later than the
85-4 second anniversary of the date on which the unpaid wages are due
85-5 and payable. (V.A.C.S. Art. 5159d, Sec. 13(e).)
85-6 Sec. 62.203. PLAINTIFFS. (a) An action to recover a
85-7 liability under this subchapter may be brought by an employee for
85-8 that employee and other similarly affected employees.
85-9 (b) An employee may not be a plaintiff to an action brought
85-10 under this subchapter unless:
85-11 (1) the employee consents in writing; and
85-12 (2) the consent is filed in the court in which the
85-13 action is brought. (V.A.C.S. Art. 5159d, Sec. 13(b) (part).)
85-14 Sec. 62.204. REQUIRED FINDINGS. At the trial of an action
85-15 brought under this subchapter, the plaintiff recovers if the jury
85-16 or the court finds from a preponderance of the evidence that:
85-17 (1) the plaintiff is or has been employed by the
85-18 defendant at any time during the two years preceding the
85-19 institution of the action;
85-20 (2) the original petition filed by or on behalf of the
85-21 plaintiff is verified; and
85-22 (3) the defendant failed to pay the plaintiff the
85-23 minimum wage under this chapter. (V.A.C.S. Art. 5159d, Sec.
85-24 13(c).)
85-25 Sec. 62.205. ATTORNEY'S FEES; COSTS. In addition to a
85-26 judgment awarded to the plaintiff, the court shall allow reasonable
85-27 attorney's fees and costs of the action to be paid by the
86-1 defendant. (V.A.C.S. Art. 5159d, Sec. 13(d).)
86-2 (Chapters 63-80 reserved for expansion)
86-3 SUBTITLE D. EMPLOYEE BENEFITS
86-4 CHAPTER 81. WORK AND FAMILY POLICIES
86-5 Sec. 81.001. DEFINITIONS
86-6 Sec. 81.002. WORK AND FAMILY POLICIES ADVISORY COMMITTEE
86-7 Sec. 81.003. WORK AND FAMILY POLICIES CLEARINGHOUSE
86-8 Sec. 81.004. CLEARINGHOUSE POWERS AND DUTIES
86-9 Sec. 81.005. DEPOSIT OF MATERIALS
86-10 Sec. 81.006. WORK AND FAMILY POLICIES FUND
86-11 Sec. 81.007. RULES
86-12 Sec. 81.008. GIFTS, GRANTS, AND DONATIONS
86-13 CHAPTER 81. WORK AND FAMILY POLICIES
86-14 Sec. 81.001. DEFINITIONS. In this chapter:
86-15 (1) "Clearinghouse" means the Work and Family Policies
86-16 Clearinghouse.
86-17 (2) "Commission" means the Texas Employment
86-18 Commission.
86-19 (3) "Committee" means the Work and Family Policies
86-20 Advisory Committee. (V.A.C.S. Art. 5221g-1, Sec. 1.)
86-21 Sec. 81.002. WORK AND FAMILY POLICIES ADVISORY COMMITTEE.
86-22 (a) The Work and Family Policies Advisory Committee shall advise
86-23 the commission on:
86-24 (1) dependent care and other employment-related family
86-25 initiatives for public and private employers and employees;
86-26 (2) options for including dependent care as a state
86-27 employee benefit; and
87-1 (3) any other employment-related family issues.
87-2 (b) The administrator of the commission shall appoint the
87-3 members of the committee, to be composed of not more than 12
87-4 members. The committee must be composed of corporate, consumer,
87-5 and provider representatives from the public and private sectors.
87-6 (c) A member of the committee may not receive compensation
87-7 for service on the committee but is entitled to reimbursement for
87-8 necessary and reasonable expenses incurred while traveling on
87-9 official committee business, subject to any limitation on
87-10 reimbursement provided by the General Appropriations Act for a
87-11 state employee. Service on the committee is not state employment
87-12 for any purpose. (V.A.C.S. Art. 5221g-1, Sec. 2.)
87-13 Sec. 81.003. WORK AND FAMILY POLICIES CLEARINGHOUSE. The
87-14 Work and Family Policies Clearinghouse is within the commission.
87-15 (V.A.C.S. Art. 5221g-1, Sec. 3(a) (part).)
87-16 Sec. 81.004. CLEARINGHOUSE POWERS AND DUTIES. (a) The
87-17 clearinghouse shall provide technical assistance and information on
87-18 dependent care and other employment-related family issues to public
87-19 and private employers, state agencies, policymakers, and
87-20 individuals.
87-21 (b) The clearinghouse shall conduct research on child care
87-22 and other employment-related family issues in the state and compile
87-23 the results of that research. In fulfilling its obligations under
87-24 this subsection, the clearinghouse:
87-25 (1) may contract with other public or private
87-26 entities;
87-27 (2) shall select specific research topics after
88-1 consulting with the committee and considering the committee's
88-2 recommendations; and
88-3 (3) shall report annually on its research under this
88-4 subsection to the governor, lieutenant governor, and speaker of the
88-5 house of representatives. (V.A.C.S. Art. 5221g-1, Secs. 3(a)
88-6 (part), (d).)
88-7 Sec. 81.005. DEPOSIT OF MATERIALS. Materials on
88-8 employment-related family issues that are published by state
88-9 agencies may be deposited with the clearinghouse for distribution
88-10 to employers, job applicants, and other interested persons.
88-11 (V.A.C.S. Art. 5221g-1, Sec. 3(b).)
88-12 Sec. 81.006. WORK AND FAMILY POLICIES FUND. (a) The work
88-13 and family policies fund is in the state treasury. Money in the
88-14 fund is derived from fees deposited as required by Section
88-15 191.0045, Health and Safety Code, and may be used only for:
88-16 (1) the operation of the clearinghouse;
88-17 (2) research conducted by the clearinghouse under
88-18 Section 81.004; and
88-19 (3) other uses specifically authorized by law.
88-20 (b) The clearinghouse shall administer the work and family
88-21 policies fund. (V.A.C.S. Art. 5221g-1, Secs. 3(c), 4.)
88-22 Sec. 81.007. RULES. The commission by rule may adopt
88-23 procedures to implement functions under Sections 81.004, 81.005,
88-24 and 81.006(b). In adopting rules under this section, the
88-25 commission shall consider the recommendations of the clearinghouse
88-26 staff. (V.A.C.S. Art. 5221g-1, Sec. 3(e).)
88-27 Sec. 81.008. GIFTS, GRANTS, AND DONATIONS. (a) The
89-1 clearinghouse may accept a gift or grant from a public or private
89-2 entity to fund any activity under this chapter.
89-3 (b) The commission may accept a donation of money, services,
89-4 or property only if the commission determines that the donation
89-5 furthers the lawful purposes and objectives of the commission under
89-6 this chapter and the donation is accepted in an open meeting by a
89-7 majority of the voting members of the commission. The donation
89-8 must be reported in the public records of the commission with the
89-9 name of the donor and the purpose of the donation. (V.A.C.S. Art.
89-10 5221g-1, Sec. 5, as added Acts 72nd Leg., R.S., Ch. 651, 1991, and
89-11 Sec. 5, as added Acts 72nd Leg., R.S., Ch. 27, 1991.)
89-12 (Chapters 82-100 reserved for expansion)
89-13 TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
89-14 CHAPTER 101. LABOR ORGANIZATIONS
89-15 SUBCHAPTER A. RIGHTS OF WORKING PERSONS
89-16 Sec. 101.001. RIGHT TO ORGANIZE
89-17 Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING
89-18 EMPLOYMENT
89-19 Sec. 101.003. RIGHT TO BARGAIN
89-20 Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM
89-21 EMPLOYEE'S COMPENSATION VOID
89-22 WITHOUT EMPLOYEE'S CONSENT
89-23 (Sections 101.005-101.050 reserved for expansion)
89-24 SUBCHAPTER B. RIGHT TO WORK
89-25 Sec. 101.051. DEFINITION
89-26 Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR
89-27 UNION MEMBERSHIP PROHIBITED
90-1 Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION
90-2 MEMBERSHIP VOID
90-3 (Sections 101.054-101.100 reserved for expansion)
90-4 SUBCHAPTER C. REGULATION OF LABOR UNIONS
90-5 Sec. 101.101. DEFINITIONS
90-6 Sec. 101.102. LEGISLATIVE FINDINGS; POLICY
90-7 Sec. 101.103. LIBERAL CONSTRUCTION
90-8 Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,
90-9 ORGANIZERS, AND REPRESENTATIVES
90-10 Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS, ORGANIZERS,
90-11 AND REPRESENTATIVES
90-12 Sec. 101.106. NOTICE OF ELECTION
90-13 Sec. 101.107. RESULTS OF ELECTION
90-14 Sec. 101.108. CERTAIN UNIONS EXCEPTED
90-15 Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING
90-16 OFFICE
90-17 Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD
90-18 Sec. 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED
90-19 Sec. 101.112. EXCESSIVE FEES PROHIBITED
90-20 Sec. 101.113. ADVANCE FEES
90-21 Sec. 101.114. FEE RECEIPT REQUIRED
90-22 Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS
90-23 Sec. 101.116. MEMBER IN ARMED FORCES
90-24 Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP
90-25 REQUIRED
90-26 Sec. 101.118. EXPULSION OF MEMBER
90-27 Sec. 101.119. RECORDS
91-1 Sec. 101.120. REPORTS
91-2 Sec. 101.121. CIVIL PENALTY
91-3 Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS
91-4 Sec. 101.123. OFFENSE; PENALTY
91-5 Sec. 101.124. ENFORCEMENT OFFICERS
91-6 (Sections 101.125-101.150 reserved for expansion)
91-7 SUBCHAPTER D. PICKETING
91-8 Sec. 101.151. DEFINITION
91-9 Sec. 101.152. MASS PICKETING PROHIBITED
91-10 Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE
91-11 LANGUAGE PROHIBITED
91-12 Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR
91-13 AGREEMENT PROHIBITED
91-14 Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF
91-15 ENJOINED PICKETING PROHIBITED
91-16 Sec. 101.156. OFFENSE; PENALTY
91-17 (Sections 101.157-101.200 reserved for expansion)
91-18 SUBCHAPTER E. SECONDARY PICKETING
91-19 Sec. 101.201. SECONDARY PICKETING PROHIBITED
91-20 Sec. 101.202. OFFENSE; PENALTY
91-21 Sec. 101.203. CIVIL LIABILITY
91-22 Sec. 101.204. ENFORCEMENT
91-23 Sec. 101.205. VENUE
91-24 (Sections 101.206-101.250 reserved for expansion)
91-25 SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
91-26 Sec. 101.251. DEFINITIONS
91-27 Sec. 101.252. LIABILITY OF LABOR ORGANIZATION
92-1 CHAPTER 101. LABOR ORGANIZATIONS
92-2 SUBCHAPTER A. RIGHTS OF WORKING PERSONS
92-3 Sec. 101.001. RIGHT TO ORGANIZE. All persons engaged in any
92-4 kind of labor may associate and form trade unions and other
92-5 organizations to protect themselves in their personal labor in
92-6 their respective employment. (V.A.C.S. Art. 5152.)
92-7 Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING
92-8 EMPLOYMENT. (a) A person by peaceful and lawful means may induce
92-9 or attempt to induce another to:
92-10 (1) enter or refuse to enter a particular employment;
92-11 or
92-12 (2) quit a particular employment in which the other
92-13 person is then engaged.
92-14 (b) A member of a trade union or other organization may not
92-15 enter the premises of another without the consent of the owner of
92-16 the premises.
92-17 (c) This section does not apply to an association formed, an
92-18 act taken, or an agreement made:
92-19 (1) to limit the production, transportation, use, or
92-20 consumption of labor's products; or
92-21 (2) that creates a trust or conspiracy in restraint of
92-22 trade under the laws of this state.
92-23 (d) Subsection (c) does not interfere with the terms of a
92-24 private contract between an employer and an employee with regard to
92-25 the time of service or other stipulations.
92-26 (e) Subsection (c) may not be construed as repealing or
92-27 affecting a statute on trusts, conspiracies against trade, pools,
93-1 or monopolies. (V.A.C.S. Arts. 5153, 5154.)
93-2 Sec. 101.003. RIGHT TO BARGAIN. A person's inherent right
93-3 to work and to bargain freely with the person's employer,
93-4 individually or collectively, for terms of the person's employment
93-5 may not be denied or infringed by law or by any organization.
93-6 (V.A.C.S. Art. 5207a, Sec. 1.)
93-7 Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM
93-8 EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT. A
93-9 contract that permits or requires the retention of part of an
93-10 employee's compensation to pay dues or assessments on the
93-11 employee's part to a labor union is void unless the employee
93-12 delivers to the employer the employee's written consent to the
93-13 retention of those sums. (V.A.C.S. Art. 5154e (part).)
93-14 (Sections 101.005-101.050 reserved for expansion)
93-15 SUBCHAPTER B. RIGHT TO WORK
93-16 Sec. 101.051. DEFINITION. In this subchapter, "labor union"
93-17 means an incorporated or unincorporated association, group, union,
93-18 lodge, local, branch, or subordinate organization of a union of
93-19 working persons organized and existing to protect those persons and
93-20 to improve their working conditions, wages, or employment
93-21 relationships, but does not include an organization not commonly
93-22 regarded as a labor union. (V.A.C.S. Art. 5207a, Sec. 4.)
93-23 Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR UNION
93-24 MEMBERSHIP PROHIBITED. A person may not be denied employment based
93-25 on membership or nonmembership in a labor union. (V.A.C.S. Art.
93-26 5207a, Sec. 2.)
93-27 Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION
94-1 MEMBERSHIP VOID. A contract is void if it requires that, to work
94-2 for an employer, employees or applicants for employment:
94-3 (1) must be or may not be members of a labor union; or
94-4 (2) must remain or may not remain members of a labor
94-5 union. (V.A.C.S. Art. 5207a, Sec. 3 (part).)
94-6 (Sections 101.054-101.100 reserved for expansion)
94-7 SUBCHAPTER C. REGULATION OF LABOR UNIONS
94-8 Sec. 101.101. DEFINITIONS. In this subchapter:
94-9 (1) "Enforcement officer" means the attorney general,
94-10 district attorney, or county attorney.
94-11 (2) "Labor organizer" means a person who for a
94-12 financial consideration solicits membership in a labor union or
94-13 members for a labor union.
94-14 (3) "Labor union" means an incorporated or
94-15 unincorporated association, group, union, lodge, local, branch, or
94-16 subordinate organization of a union of working persons organized
94-17 and existing to protect those persons and to improve their working
94-18 conditions, wages, or employment relationships, but does not
94-19 include an organization not commonly regarded as a labor union.
94-20 (V.A.C.S. Art. 5154a, Sec. 2 (part).)
94-21 Sec. 101.102. LEGISLATIVE FINDINGS; POLICY. (a) The
94-22 legislature finds that because the activities of labor unions
94-23 affect the economic conditions of the country and the state by
94-24 entering into almost all business and industrial enterprises, labor
94-25 unions affect the public interest and are charged with a public
94-26 use.
94-27 (b) Workers must be protected without regard to whether they
95-1 are unionized. The right to work is the right to live.
95-2 (c) The policy of this state, in the exercise of its
95-3 sovereign constitutional police power, is to regulate the
95-4 activities and affairs of labor unions and officers, agents,
95-5 organizers, and representatives of labor unions, as provided by
95-6 this subchapter. (V.A.C.S. Art. 5154a, Sec. 1.)
95-7 Sec. 101.103. LIBERAL CONSTRUCTION. (a) This subchapter
95-8 shall be liberally construed to:
95-9 (1) achieve the purposes provided by Section 101.102;
95-10 and
95-11 (2) protect the rights of working persons to work and
95-12 to organize for their mutual benefit in connection with their work.
95-13 (b) This subchapter may not be construed to deny the free
95-14 rights of assembling, bargaining, and petitioning, orally or in
95-15 writing, regarding a matter affecting labor or employment.
95-16 (V.A.C.S. Art. 5154a, Sec. 14.)
95-17 Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,
95-18 ORGANIZERS, AND REPRESENTATIVES. (a) An officer, agent,
95-19 organizer, or representative of a labor union must be elected by
95-20 secret ballot and by majority vote of the members present and
95-21 participating, except as provided by Subsections (b) and (c) and
95-22 Section 101.108.
95-23 (b) A labor union may require more than a majority vote for
95-24 the election of an officer, agent, organizer, or representative.
95-25 (c) A labor union may take a vote of the entire membership
95-26 for an officer, agent, organizer, or representative by mailed
95-27 ballots. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-1 Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS,
96-2 ORGANIZERS, AND REPRESENTATIVES. An election for labor union
96-3 officers, agents, organizers, and representatives must be held at
96-4 least once each year, except as provided by Section 101.108.
96-5 (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-6 Sec. 101.106. NOTICE OF ELECTION. Except as provided by
96-7 Section 101.108, a labor union shall give members at least seven
96-8 days' notice of an election under Section 101.105. The notice must
96-9 be given in the manner most convenient to the union by:
96-10 (1) written or printed notice mailed to the member's
96-11 last known address;
96-12 (2) posting notice in a place public to the
96-13 membership; or
96-14 (3) announcement at a regular stated meeting of the
96-15 union. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-16 Sec. 101.107. RESULTS OF ELECTION. The results of an
96-17 election held under Section 101.105 shall be determined and
96-18 declared by the president and the secretary at the time in the
96-19 presence of the members or delegates participating, except as
96-20 provided by Section 101.108. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-21 Sec. 101.108. CERTAIN UNIONS EXCEPTED. Sections
96-22 101.104-101.107 do not apply to a union that:
96-23 (1) under its constitution, bylaws, or other
96-24 organization rules, held its elections for officers and
96-25 representatives every three years or every four years, for the four
96-26 years ending August 10, 1943; and
96-27 (2) charged members an initiation fee of $10 or less,
97-1 for the 10 years ending August 10, 1943. (V.A.C.S. Art. 5154a,
97-2 Sec. 4 (part).)
97-3 Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING
97-4 OFFICE. (a) A person may not serve as a labor union officer or as
97-5 a labor organizer if the person:
97-6 (1) is an alien; or
97-7 (2) has been convicted of a felony.
97-8 (b) Subsection (a) does not apply to a person who has been
97-9 convicted of a felony and whose rights of citizenship have been
97-10 fully restored. (V.A.C.S. Art. 5154a, Sec. 4a.)
97-11 Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD. (a) A
97-12 labor organizer operating in this state must apply in writing for
97-13 an organizer's card before soliciting members for the organizer's
97-14 organization.
97-15 (b) An application for an organizer's card must:
97-16 (1) be filed with the secretary of state by mail or in
97-17 person;
97-18 (2) state the applicant's full name and labor union
97-19 affiliations, if any;
97-20 (3) describe the applicant's credentials;
97-21 (4) be accompanied by a copy of the applicant's
97-22 credentials; and
97-23 (5) be signed by the applicant.
97-24 (c) On the filing of an application for an organizer's card,
97-25 the secretary of state shall issue the applicant a card containing:
97-26 (1) the applicant's name;
97-27 (2) the applicant's union affiliation;
98-1 (3) a space for the applicant's signature;
98-2 (4) the designation "labor organizer"; and
98-3 (5) the secretary of state's signature, dated and
98-4 attested by the secretary's seal of office.
98-5 (d) A labor organizer shall:
98-6 (1) carry the card issued under Subsection (c)
98-7 whenever the organizer is soliciting members; and
98-8 (2) exhibit the card on request of a person being
98-9 solicited for membership. (V.A.C.S. Art. 5154a, Sec. 5.)
98-10 Sec. 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED. (a) A
98-11 labor union, a labor organizer, or an officer, member, agent, or
98-12 representative of a labor union may not collect, receive, or
98-13 demand, directly or indirectly, a fee as a work permit or as a
98-14 condition for the privilege to work from a person who is not a
98-15 member of the union.
98-16 (b) Subsection (a) does not prevent the collection of an
98-17 initiation fee as provided by Section 101.113. (V.A.C.S. Art.
98-18 5154a, Secs. 8 (part), 8a.)
98-19 Sec. 101.112. EXCESSIVE FEES PROHIBITED. (a) A labor union
98-20 or an officer, agent, or member of a labor union may not charge or
98-21 receive initiation fees, dues, fines, or other assessments to
98-22 create a fund that exceeds the reasonable requirements of the union
98-23 in carrying out its lawful purposes or activities, if the fees,
98-24 dues, fines, or other assessments create an undue hardship on an
98-25 applicant for initiation to the union or on union members.
98-26 (b) Subsection (a) may not be construed to prevent dues or
98-27 other assessments:
99-1 (1) for a purpose that is beneficial to union members
99-2 according to established practice, including the maintenance or
99-3 investment of funds for those beneficial purposes;
99-4 (2) if the members who contribute share in or may
99-5 reasonably expect to share in the benefits, for:
99-6 (A) old age benefits;
99-7 (B) death and burial benefits;
99-8 (C) hospitalization, unemployment, health and
99-9 accident, retirement, or other forms of mutual insurance;
99-10 (D) legislative representation;
99-11 (E) a grievance committee;
99-12 (F) gifts, floral offerings, or other charitable
99-13 purposes; or
99-14 (G) any other legitimate purpose; or
99-15 (3) for placement in a fund to be used by the union in
99-16 paying its members while they are on strike, if:
99-17 (A) initiation fees are not placed in the fund;
99-18 and
99-19 (B) the fund remains under the members' control.
99-20 (c) This section shall be liberally construed to prevent
99-21 excessive initiation fees. (V.A.C.S. Art. 5154a, Sec. 7.)
99-22 Sec. 101.113. ADVANCE FEES. (a) On payment in full by an
99-23 applicant for labor union membership of all initiation fees or dues
99-24 regularly assessed by the union, the union shall:
99-25 (1) elect the applicant to membership; or
99-26 (2) immediately return in full the money paid by the
99-27 applicant.
100-1 (b) On election of an applicant to labor union membership,
100-2 advance fees paid by the applicant may be used by the union for the
100-3 purposes for which the fees were advanced.
100-4 (c) A labor union or an officer, agent, or member of a labor
100-5 union shall collect all fees in good faith. A labor union may not
100-6 elect a person to membership merely to obtain the person's
100-7 initiation fee.
100-8 (d) A labor union may not collect an initiation fee from a
100-9 member and then discharge or suspend the member, or cause the
100-10 member's employer to discharge the member, without reasonable and
100-11 just cause.
100-12 (e) A labor union that violates Subsection (d) is subject to
100-13 the civil penalty provided by Section 101.121. (V.A.C.S. Art.
100-14 5154a, Sec. 8 (part).)
100-15 Sec. 101.114. FEE RECEIPT REQUIRED. A labor organizer or an
100-16 officer, agent, or member of a labor union may not collect a fee,
100-17 dues, or other sum in connection with membership in a labor union
100-18 from a person without giving the person at that time a receipt
100-19 that:
100-20 (1) is signed by the labor organizer, officer, agent,
100-21 or member; and
100-22 (2) states that the sum of money received is to be:
100-23 (A) delivered to the labor union; and
100-24 (B) held intact until the person has been
100-25 elected and has become a bona fide voting member of the union.
100-26 (V.A.C.S. Art. 5154a, Sec. 8 (part).)
100-27 Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS. Sections
101-1 101.111, 101.113, and 101.114 may not be construed as preventing
101-2 any type of bargaining agreement or limiting the bargaining power
101-3 of a labor union. (V.A.C.S. Art. 5154a, Sec. 8 (part).)
101-4 Sec. 101.116. MEMBER IN ARMED FORCES. A union member who,
101-5 because of service with the United States armed forces, has been
101-6 unable to pay any dues or assessment levied by a union to which the
101-7 member belonged may not be required to make the back payments as a
101-8 condition to reinstatement in good standing as a member. (V.A.C.S.
101-9 Art. 5154a, Sec. 10a.)
101-10 Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP
101-11 REQUIRED. A labor union may not refuse to give a person desiring
101-12 membership in the union a reasonable time after obtaining the
101-13 promise of employment in which to decide whether to join the union
101-14 as a condition of employment. (V.A.C.S. Art. 5154a, Sec. 10
101-15 (part).)
101-16 Sec. 101.118. EXPULSION OF MEMBER. (a) A labor union may
101-17 not expel a union member without:
101-18 (1) good cause; and
101-19 (2) a fair and public hearing by and within the
101-20 organization, after due notice and an opportunity to be heard on
101-21 the specific charges alleged.
101-22 (b) On the petition of a member expelled from a labor
101-23 organization, a court of competent jurisdiction shall order the
101-24 reinstatement of the member if the member was expelled without good
101-25 cause. (V.A.C.S. Art. 5154a, Sec. 10 (part).)
101-26 Sec. 101.119. RECORDS. (a) Each labor union in this state
101-27 shall keep accurate books of accounts that:
102-1 (1) itemize each receipt from any source;
102-2 (2) itemize each expenditure for any purpose; and
102-3 (3) state the source of each receipt and the purpose
102-4 of each expenditure.
102-5 (b) A member of a labor union is entitled to inspect the
102-6 books, records, and accounts of the union at any reasonable time.
102-7 (c) The attorney general, or, subject to the attorney
102-8 general's approval, a district attorney or county attorney, is
102-9 entitled to inspect on demand the books, records, and accounts of a
102-10 labor union at any reasonable time.
102-11 (d) The books, records, and accounts of a labor union are
102-12 open to grand juries and judicial and quasi-judicial inquiries in
102-13 legal proceedings. (V.A.C.S. Art. 5154a, Sec. 9.)
102-14 Sec. 101.120. REPORTS. A labor union required to file
102-15 reports with the United States Secretary of Labor under Section
102-16 201, Labor-Management Reporting and Disclosure Act of 1959 (29
102-17 U.S.C. Section 431) or a successor statute shall file a copy of
102-18 each report with the secretary of state not later than the 30th day
102-19 after the date the report was filed with the secretary of labor.
102-20 (V.A.C.S. Art. 5154a, Sec. 3.)
102-21 Sec. 101.121. CIVIL PENALTY. A labor union that violates a
102-22 provision of this subchapter is liable for a civil penalty not to
102-23 exceed $1,000 for each violation. The civil penalty may be
102-24 recovered in the name of the state, acting through an enforcement
102-25 officer, in a court of competent jurisdiction. (V.A.C.S. Art.
102-26 5154a, Sec. 11 (part).)
102-27 Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS. (a) A district
103-1 court has jurisdiction, on the application of the state acting
103-2 through an enforcement officer, to issue a restraining order, a
103-3 temporary or permanent injunction, or any other writ or process
103-4 appropriate to enforce this subchapter.
103-5 (b) A proceeding under Subsection (a) shall be instituted,
103-6 prosecuted, and tried in the same manner as another civil case of a
103-7 similar nature in the district court. (V.A.C.S. Art. 5154a, Sec.
103-8 12.)
103-9 Sec. 101.123. OFFENSE; PENALTY. (a) A labor union officer
103-10 or a labor organizer commits an offense if the person violates a
103-11 provision of this subchapter.
103-12 (b) An offense under this section is a misdemeanor
103-13 punishable by:
103-14 (1) a fine of not more than $500;
103-15 (2) confinement in the county jail for not more than
103-16 60 days; or
103-17 (3) both the fine and confinement. (V.A.C.S. Art.
103-18 5154a, Sec. 11 (part).)
103-19 Sec. 101.124. ENFORCEMENT OFFICERS. The attorney general,
103-20 and each district attorney and county attorney, within the
103-21 attorney's respective jurisdiction, shall:
103-22 (1) prosecute all criminal proceedings under this
103-23 subchapter; and
103-24 (2) institute and maintain all civil proceedings under
103-25 this subchapter. (V.A.C.S. Art. 5154a, Sec. 13.)
103-26 (Sections 101.125-101.150 reserved for expansion)
103-27 SUBCHAPTER D. PICKETING
104-1 Sec. 101.151. DEFINITION. In this subchapter, "picketing"
104-2 includes the stationing of a person for an organization to:
104-3 (1) induce anyone not to enter the premises being
104-4 picketed;
104-5 (2) observe the premises being picketed to ascertain
104-6 who enters or patronizes the premises; or
104-7 (3) follow employees or patrons of the premises being
104-8 picketed to or from those premises to observe them or to attempt to
104-9 dissuade them from entering or patronizing the premises. (V.A.C.S.
104-10 Art. 5154d, Sec. 1 (part).)
104-11 Sec. 101.152. MASS PICKETING PROHIBITED. (a) A person may
104-12 not engage in any form of picketing activity in which a picket
104-13 constitutes any character of obstacle to the free ingress to and
104-14 egress from an entrance to any premises, either by obstructing the
104-15 free ingress and egress with the person's body or by placing a
104-16 vehicle or other physical obstruction.
104-17 (b) In this section, "picket" includes a person:
104-18 (1) stationed by or acting for an organization to:
104-19 (A) induce anyone not to enter the premises
104-20 being picketed; or
104-21 (B) observe the premises being picketed to
104-22 ascertain who enters or patronizes the premises; or
104-23 (2) who follows employees or patrons of the premises
104-24 being picketed to or from those premises to observe them or to
104-25 attempt to dissuade them from entering or patronizing the premises.
104-26 (V.A.C.S. Art. 5154d, Sec. 1 (part).)
104-27 Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE
105-1 LANGUAGE PROHIBITED. A person may not, by use of insulting,
105-2 threatening, or obscene language, interfere with or intimidate or
105-3 seek to interfere with or intimidate another:
105-4 (1) in the exercise of the other person's lawful right
105-5 to work or to enter on the performance of a lawful vocation; or
105-6 (2) from freely entering or leaving any premises.
105-7 (V.A.C.S. Art. 5154d, Sec. 2.)
105-8 Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR
105-9 AGREEMENT PROHIBITED. A person may not engage in picketing the
105-10 purpose of which, directly or indirectly, is to secure the
105-11 disregard or breach of a valid existing labor agreement arrived at
105-12 between an employer and the representatives:
105-13 (1) designated by the employees for the purpose of
105-14 collective bargaining; or
105-15 (2) certified as the bargaining unit under the
105-16 National Labor Relations Act (29 U.S.C. Section 151 et seq.).
105-17 (V.A.C.S. Art. 5154d, Sec. 4.)
105-18 Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF
105-19 ENJOINED PICKETING PROHIBITED. A person may not declare or
105-20 publicize the continued existence of actual or constructive
105-21 picketing at a point or directed against a premises after a court
105-22 of competent jurisdiction has enjoined the continuation of that
105-23 picketing at that point or premises. (V.A.C.S. Art. 5154d, Sec.
105-24 4a.)
105-25 Sec. 101.156. OFFENSE; PENALTY. (a) A person commits an
105-26 offense if the person violates Section 101.152, 101.153, 101.154,
105-27 or 101.155. Each separate act of violation constitutes a separate
106-1 offense.
106-2 (b) An offense under this section is a misdemeanor
106-3 punishable by:
106-4 (1) a fine of not less than $25 nor more than $500;
106-5 (2) confinement in jail for not more than 90 days; or
106-6 (3) both the fine and confinement. (V.A.C.S.
106-7 Art. 5154d, Sec. 5.)
106-8 (Sections 101.157-101.200 reserved for expansion)
106-9 SUBCHAPTER E. SECONDARY PICKETING
106-10 Sec. 101.201. SECONDARY PICKETING PROHIBITED. (a) A person
106-11 may not establish, call, participate in, or aid picketing at or
106-12 near the premises of an employer with whom a labor dispute does not
106-13 exist.
106-14 (b) In this section:
106-15 (1) "Employee" includes any person working for another
106-16 for hire in this state, but does not include an independent
106-17 contractor.
106-18 (2) "Employer" means any person who engages the
106-19 services of an employee.
106-20 (3) "Labor dispute" means a controversy concerning
106-21 wages, hours, or conditions of employment between an employer and
106-22 employees. A controversy is not a labor dispute if the employees
106-23 do not have a real and substantial economic interest in the work
106-24 performed for the employer.
106-25 (4) "Picket" includes a person:
106-26 (A) stationed by or acting in behalf of an
106-27 organization to:
107-1 (i) induce anyone not to enter the
107-2 premises being picketed;
107-3 (ii) apprise the public by signs or other
107-4 means of the existence of a labor dispute at or near the premises
107-5 being picketed; or
107-6 (iii) observe the premises being picketed
107-7 to ascertain who enters or patronizes the premises; or
107-8 (B) who follows employees or patrons of the
107-9 premises being picketed to or from those premises to observe them
107-10 or to attempt to dissuade them from entering or patronizing the
107-11 premises. (V.A.C.S. Art. 5154f, Secs. 1 (part), 2 (part).)
107-12 Sec. 101.202. OFFENSE; PENALTY. (a) A person commits an
107-13 offense if the person violates any provision of this subchapter.
107-14 (b) An offense under this section is a misdemeanor
107-15 punishable by:
107-16 (1) a fine of not more than $500;
107-17 (2) confinement in the county jail for not more than
107-18 six months; or
107-19 (3) both the fine and confinement. (V.A.C.S.
107-20 Art. 5154f, Sec. 3.)
107-21 Sec. 101.203. CIVIL LIABILITY. (a) A person who violates
107-22 any provision of this subchapter is liable to a person damaged by
107-23 the violation for the damages resulting from the violation.
107-24 (b) A person damaged by a violation of this subchapter may
107-25 maintain an action to redress the damage and may obtain injunctive
107-26 relief.
107-27 (c) An association or labor union that represents or
108-1 purports to represent a person who violates any provision of this
108-2 subchapter is jointly and severally liable with the person for the
108-3 damages resulting from the violation.
108-4 (d) In this section, "labor union" means any incorporated or
108-5 unincorporated association, group, union, national or local,
108-6 branch, or subordinate organization of a union of working persons
108-7 organized and existing in part to protect those persons and to
108-8 improve their working conditions, wages, or employment
108-9 relationships and includes the local, state, national, and
108-10 international affiliates of those organizations. (V.A.C.S.
108-11 Art. 5154f, Secs. 2 (part), 4.)
108-12 Sec. 101.204. ENFORCEMENT. The state, acting through the
108-13 attorney general or a district attorney or county attorney, may
108-14 institute a suit in district court to enjoin a person from
108-15 violating this subchapter. (V.A.C.S. Art. 5154f, Sec. 5.)
108-16 Sec. 101.205. VENUE. Venue for a suit or cause of action
108-17 arising under this subchapter is in:
108-18 (1) the county in which the violation is alleged to
108-19 have occurred;
108-20 (2) the county in which the defendant resides; or
108-21 (3) if there are two or more defendants, a county in
108-22 which any defendant resides. (V.A.C.S. Art. 5154f, Sec. 6.)
108-23 (Sections 101.206-101.250 reserved for expansion)
108-24 SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
108-25 Sec. 101.251. DEFINITIONS. In this subchapter:
108-26 (1) "Labor organization" means any organization in
108-27 which employees participate and that exists in whole or in part to
109-1 deal with one or more employers concerning grievances, labor
109-2 disputes, wages, hours of employment, or working conditions.
109-3 (2) "Picketing" includes the stationing of a person
109-4 for an organization to:
109-5 (A) induce anyone not to enter the premises
109-6 being picketed;
109-7 (B) apprise the public by signs or other means
109-8 of the existence of a dispute;
109-9 (C) observe the premises being picketed to
109-10 ascertain who enters or patronizes the premises; or
109-11 (D) follow employees or patrons of the premises
109-12 being picketed to or from those premises to observe them or to
109-13 attempt to dissuade them from entering or patronizing the premises.
109-14 (V.A.C.S. Art. 5154b, Sec. 2.)
109-15 Sec. 101.252. LIABILITY OF LABOR ORGANIZATION. A labor
109-16 organization whose members picket or strike against a person is
109-17 liable for damages for a loss resulting to the person because of
109-18 the picketing or strike if a court of competent jurisdiction holds
109-19 that the picketing or strike is a breach of contract. (V.A.C.S.
109-20 Art. 5154b, Sec. 1.)
109-21 CHAPTER 102. LABOR ARBITRATION
109-22 SUBCHAPTER A. GENERAL PROVISIONS
109-23 Sec. 102.001. DEFINITION
109-24 Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION
109-25 (Sections 102.003-102.010 reserved for expansion)
109-26 SUBCHAPTER B. SELECTION OF BOARD AND OFFICERS
109-27 Sec. 102.011. NUMBER OF BOARD MEMBERS
110-1 Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD
110-2 Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD
110-3 Sec. 102.014. CHAIRMAN
110-4 Sec. 102.015. BOARD SECRETARY
110-5 Sec. 102.016. ARBITRATOR'S CONSENT TO ACT
110-6 (Sections 102.017-102.020 reserved for expansion)
110-7 SUBCHAPTER C. POWERS AND DUTIES OF BOARD AND OFFICERS
110-8 Sec. 102.021. POWERS AND DUTIES OF BOARD
110-9 Sec. 102.022. CHAIRMAN'S DUTIES
110-10 Sec. 102.023. ISSUANCE OF SUBPOENAS
110-11 (Sections 102.024-102.030 reserved for expansion)
110-12 SUBCHAPTER D. PARTY CONDUCT
110-13 Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED
110-14 Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS
110-15 (Sections 102.033-102.040 reserved for expansion)
110-16 SUBCHAPTER E. FILINGS WITH BOARD; HEARINGS
110-17 Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE
110-18 Sec. 102.042. HEARING; NOTICE
110-19 (Sections 102.043-102.050 reserved for expansion)
110-20 SUBCHAPTER F. COURT FILINGS AND ORDERS
110-21 Sec. 102.051. ARBITRATION PETITION
110-22 Sec. 102.052. COURT ORDER REQUIRED
110-23 Sec. 102.053. FILING OF PETITION AND ORDER
110-24 (Sections 102.054-102.060 reserved for expansion)
110-25 SUBCHAPTER G. EXPENSES AND FEES
110-26 Sec. 102.061. SURETY BOND
110-27 Sec. 102.062. BOARD MEMBER EXPENSES
111-1 Sec. 102.063. REIMBURSEMENT OF WITNESS
111-2 Sec. 102.064. FEES
111-3 (Sections 102.065-102.070 reserved for expansion)
111-4 SUBCHAPTER H. AWARD AND APPEALS
111-5 Sec. 102.071. TERMINATION OF BOARD'S POWER
111-6 Sec. 102.072. ADDITIONAL DISPUTE OR GRIEVANCE
111-7 Sec. 102.073. COPIES OF AWARD; ISSUANCE
111-8 Sec. 102.074. JUDGMENT ON AWARD; EFFECTIVE DATE; EXCEPTION
111-9 Sec. 102.075. APPEALS
111-10 CHAPTER 102. LABOR ARBITRATION
111-11 SUBCHAPTER A. GENERAL PROVISIONS
111-12 Sec. 102.001. DEFINITION. In this chapter, "board" means an
111-13 arbitration board appointed under this chapter. (New.)
111-14 Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION. (a)
111-15 An employer and employees may submit a dispute or grievance
111-16 resulting from the employer's and employees' work relationship to a
111-17 board for a hearing and determination.
111-18 (b) An arbitration may not be conducted under this chapter
111-19 without the consent of all parties involved in the dispute or
111-20 grievance. (V.A.C.S. Art. 239 (part).)
111-21 (Sections 102.003-102.010 reserved for expansion)
111-22 SUBCHAPTER B. SELECTION OF BOARD AND OFFICERS
111-23 Sec. 102.011. NUMBER OF BOARD MEMBERS. A board established
111-24 under this chapter must be composed of five members. (V.A.C.S.
111-25 Art. 239 (part).)
111-26 Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD. The
111-27 employer may designate two arbitrators to serve on the board.
112-1 (V.A.C.S. Art. 239 (part).)
112-2 Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD. (a) In a
112-3 dispute or grievance in which the affected employees are members in
112-4 good standing of a labor organization:
112-5 (1) if the organization is represented by a delegate
112-6 in a central body, the central body may designate two arbitrators
112-7 to serve on the board; and
112-8 (2) if the organization is not represented by a
112-9 delegate in a central body, the organization may designate two
112-10 arbitrators to serve on the board.
112-11 (b) In a dispute or grievance in which all of the affected
112-12 employees are not represented by a labor organization, the labor
112-13 organization in concurrent action with a majority of those
112-14 employees not represented by a labor organization may designate two
112-15 arbitrators to serve on the board.
112-16 (c) In a dispute or grievance that concerns two or more
112-17 classes or grades of employees who belong to different labor
112-18 organizations, the labor organizations in concurrent action may
112-19 designate two arbitrators to serve on the board.
112-20 (d) If the employees concerned in the dispute or grievance
112-21 are not members of a labor organization, those employees shall call
112-22 a meeting to elect by majority vote two arbitrators to serve on the
112-23 board. (V.A.C.S. Arts. 239 (part), 241.)
112-24 Sec. 102.014. CHAIRMAN. (a) The four arbitrators selected
112-25 under Sections 102.012 and 102.013 shall designate a fifth
112-26 arbitrator who serves as the chairman of the board.
112-27 (b) If an agreement as to a fifth arbitrator cannot be
113-1 reached under Subsection (a), on notice of any arbitrator a
113-2 district judge of the district that has jurisdiction over the
113-3 dispute or grievance shall appoint the fifth arbitrator, who serves
113-4 as the chairman of the board. (V.A.C.S. Art. 239 (part).)
113-5 Sec. 102.015. BOARD SECRETARY. The board shall select one
113-6 member to act as secretary for the board. (V.A.C.S. Art. 243
113-7 (part).)
113-8 Sec. 102.016. ARBITRATOR'S CONSENT TO ACT. (a) An
113-9 arbitrator selected under this chapter must:
113-10 (1) sign a form consenting to serve as an arbitrator;
113-11 and
113-12 (2) take and sign an oath administered by an officer
113-13 authorized to administer oaths to faithfully and impartially
113-14 discharge the duties of an arbitrator.
113-15 (b) A written copy of the consent form and oath shall be
113-16 filed with the district clerk for the county in which the
113-17 arbitration is conducted. (V.A.C.S. Art. 243 (part).)
113-18 (Sections 102.017-102.020 reserved for expansion)
113-19 SUBCHAPTER C. POWERS AND DUTIES OF BOARD AND OFFICERS
113-20 Sec. 102.021. POWERS AND DUTIES OF BOARD. (a) A board may
113-21 adopt and enforce rules to be followed at board hearings.
113-22 (b) The board may set a schedule of sessions and
113-23 adjournments.
113-24 (c) The board shall hear and examine witnesses who are
113-25 brought before the board and consider other proof given that is
113-26 relevant to the matter in dispute. (V.A.C.S. Art. 244 (part).)
113-27 Sec. 102.022. CHAIRMAN'S DUTIES. (a) The chairman of the
114-1 board may:
114-2 (1) administer oaths; and
114-3 (2) issue subpoenas for the production of books and
114-4 papers and the attendance of witnesses.
114-5 (b) The chairman of the board may exercise the powers
114-6 granted under this section to the same extent as a judge of a court
114-7 of record in this state. (V.A.C.S. Art. 244 (part).)
114-8 Sec. 102.023. ISSUANCE OF SUBPOENAS. (a) The board's
114-9 secretary shall sign each subpoena issued under this chapter.
114-10 (b) The board may authorize a person of full age to serve a
114-11 subpoena issued under this chapter. (V.A.C.S. Art. 247 (part).)
114-12 (Sections 102.024-102.030 reserved for expansion)
114-13 SUBCHAPTER D. PARTY CONDUCT
114-14 Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED. During the
114-15 period that the arbitration is pending, an employer or receiver or
114-16 an agent of the employer may not discharge an employee who is a
114-17 party to the arbitration except for:
114-18 (1) the employee's inefficiency, violation of law, or
114-19 neglect of duty; or
114-20 (2) the employer's need for a work force reduction.
114-21 (V.A.C.S. Art. 246 (part).)
114-22 Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS. (a)
114-23 During the period that arbitration is pending, a labor organization
114-24 that represents employees who are parties to the arbitration may
114-25 not order or aid employees in a strike or boycott against the
114-26 employer or receiver.
114-27 (b) Employees who are parties to the arbitration may not
115-1 engage in or aid a strike or boycott of the employer or receiver.
115-2 (V.A.C.S. Art. 246 (part).)
115-3 (Sections 102.033-102.040 reserved for expansion)
115-4 SUBCHAPTER E. FILINGS WITH BOARD; HEARINGS
115-5 Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE.
115-6 (a) The question to be decided by the board must be submitted to
115-7 the board in writing, signed by:
115-8 (1) the employer or receiver; and
115-9 (2) the labor organization representing the employees
115-10 or the employee or any employee or employees to be affected by the
115-11 arbitration who do not belong to a labor organization.
115-12 (b) The submission must stipulate that:
115-13 (1) pending the arbitration, the status existing
115-14 before the dispute, grievance, or strike may not be changed;
115-15 (2) the arbitration award shall be filed with the
115-16 district clerk for the county in which the arbitration is
115-17 conducted;
115-18 (3) the arbitration award is final and may not be set
115-19 aside except for an error in law that is apparent on the record;
115-20 (4) the parties will faithfully execute the
115-21 arbitration award;
115-22 (5) the arbitration award may be enforced in a court
115-23 of equity;
115-24 (6) an employee dissatisfied with the arbitration
115-25 award may not end employment because of that dissatisfaction
115-26 without giving the employer 30 days' written notice of the
115-27 intention to end employment;
116-1 (7) the award continues in effect until the first
116-2 anniversary of the initial date of its implementation; and
116-3 (8) a new arbitration of the same subject matter
116-4 between the same parties may not be entered into during the one
116-5 year period provided for in Subdivision (7). (V.A.C.S. Art. 242.)
116-6 Sec. 102.042. HEARING; NOTICE. (a) The board shall conduct
116-7 a hearing not later than the 10th day after the agreement to
116-8 arbitrate is filed.
116-9 (b) Each party to the dispute is entitled to receive notice
116-10 of the time and place of the hearing. (V.A.C.S. Art. 243 (part).)
116-11 (Sections 102.043-102.050 reserved for expansion)
116-12 SUBCHAPTER F. COURT FILINGS AND ORDERS
116-13 Sec. 102.051. ARBITRATION PETITION. A board may submit a
116-14 written petition signed by a majority of the board to a district
116-15 judge in the county in which the dispute or grievance arose. The
116-16 petition must:
116-17 (1) show that the board was selected according to the
116-18 procedures set forth in this chapter;
116-19 (2) state the nature of the dispute or grievance that
116-20 is the subject matter of the arbitration; and
116-21 (3) request the judge to issue an order establishing
116-22 and approving the board. (V.A.C.S. Art. 240 (part).)
116-23 Sec. 102.052. COURT ORDER REQUIRED. On receipt of a
116-24 petition filed under Section 102.051, the judge shall issue an
116-25 order establishing an arbitration board. The order shall refer the
116-26 matter in dispute to the board for a hearing and determination of
116-27 the matter in dispute. (V.A.C.S. Art. 240 (part).)
117-1 Sec. 102.053. FILING OF PETITION AND ORDER. The petition
117-2 and the subsequent order or a copy of the petition and order shall
117-3 be filed with the district clerk in the county in which the
117-4 arbitration is conducted. (V.A.C.S. Art. 240 (part).)
117-5 (Sections 102.054-102.060 reserved for expansion)
117-6 SUBCHAPTER G. EXPENSES AND FEES
117-7 Sec. 102.061. SURETY BOND. Before a board considers a
117-8 dispute or grievance, each party shall file a bond in an amount set
117-9 by the board and conditioned on the payment of all expenses
117-10 connected with the arbitration procedure. The bond must have two
117-11 or more good and sufficient sureties. (V.A.C.S. Art. 247 (part).)
117-12 Sec. 102.062. BOARD MEMBER EXPENSES. A member of the board
117-13 is entitled to receive:
117-14 (1) three dollars a day for each day of actual service
117-15 on the board not to exceed $30; and
117-16 (2) five cents a mile for each mile traveled to and
117-17 from the place where the board is in session. (V.A.C.S. Art. 247
117-18 (part).)
117-19 Sec. 102.063. REIMBURSEMENT OF WITNESS. A witness called by
117-20 the board is entitled to receive:
117-21 (1) 50 cents a day for each day's attendance; and
117-22 (2) five cents a mile for each mile traveled by the
117-23 shortest route to and from a board hearing where the witness'
117-24 attendance is required. (V.A.C.S. Art. 247 (part).)
117-25 Sec. 102.064. FEES. (a) The board may charge fees and
117-26 mileage paid under Sections 102.062 and 102.063 against either or
117-27 both parties.
118-1 (b) Fees and mileage charged against a party under this
118-2 section shall be included in the award. (V.A.C.S. Art. 247
118-3 (part).)
118-4 (Sections 102.065-102.070 reserved for expansion)
118-5 SUBCHAPTER H. AWARD AND APPEALS
118-6 Sec. 102.071. TERMINATION OF BOARD'S POWER. Except as
118-7 provided by Section 102.072, a board's power ends on the
118-8 determination of the grievance or dispute by the board. (V.A.C.S.
118-9 Art. 245 (part).)
118-10 Sec. 102.072. ADDITIONAL DISPUTE OR GRIEVANCE. (a) If, at
118-11 the time a board renders its determination, a similar grievance or
118-12 dispute exists between the same class of persons for which a board
118-13 may be created, those persons may submit the dispute or grievance
118-14 to the board.
118-15 (b) The board has the same power to act and determine a
118-16 dispute or grievance submitted under this section as the board
118-17 would have if it had been created to determine that dispute or
118-18 grievance. (V.A.C.S. Art. 245 (part).)
118-19 Sec. 102.073. COPIES OF AWARD; ISSUANCE. (a) The board
118-20 shall issue three copies of the arbitration award.
118-21 (b) The board shall:
118-22 (1) file one copy of the award with the district
118-23 clerk;
118-24 (2) issue one copy of the award to the employer or
118-25 receiver; and
118-26 (3) issue one copy of the award to the employees or
118-27 the employees' representative. (V.A.C.S. Art. 248 (part).)
119-1 Sec. 102.074. JUDGMENT ON AWARD; EFFECTIVE DATE; EXCEPTION.
119-2 (a) Judgment shall be entered on an award made under this chapter
119-3 and the award takes effect, unless a timely exception is filed, on
119-4 the 11th day after the date it is filed with the district clerk
119-5 under Section 102.073.
119-6 (b) A party may file an exception to an award for a matter
119-7 of law apparent on the record. The exception must be filed with
119-8 the court not later than the 10th day after the date on which the
119-9 award is filed with the district clerk under Section 102.073.
119-10 (c) If an exception is filed, judgment shall be entered on
119-11 the award and the award takes effect on the 11th day after the date
119-12 of the decision of the district court on the exception or on appeal
119-13 from the district court's decision under Section 102.075.
119-14 (V.A.C.S. Arts. 248 (part), 249 (part).)
119-15 Sec. 102.075. APPEALS. (a) Either party to an arbitration
119-16 case decided by a district court may file an appeal of the district
119-17 court's decision not later than the 10th day after the date on
119-18 which the judgment is entered.
119-19 (b) The decision of the court of appeals under this section
119-20 is final. The clerk of the court of appeals shall certify the
119-21 decision and the district court shall enter the judgment.
119-22 (c) If the court of appeals sustains the exception, it shall
119-23 set aside the award, but the parties may agree on a judgment to be
119-24 entered disposing of the dispute. A judgment on an agreement
119-25 entered into under this subsection has the same force and effect of
119-26 law as a judgment entered on an award by a board of arbitration.
119-27 (V.A.C.S. Art. 249 (part).)
120-1 (Chapters 103-200 reserved for expansion)
120-2 TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
120-3 SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
120-4 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS
120-5 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
120-6 Sec. 201.001. SHORT TITLE
120-7 Sec. 201.002. APPLICATION OF SUNSET ACT
120-8 (Sections 201.003-201.010 reserved for expansion)
120-9 SUBCHAPTER B. GENERAL DEFINITIONS
120-10 Sec. 201.011. GENERAL DEFINITIONS
120-11 Sec. 201.012. DEFINITION OF MISCONDUCT
120-12 (Sections 201.013-201.020 reserved for expansion)
120-13 SUBCHAPTER C. DEFINITION OF EMPLOYER
120-14 Sec. 201.021. GENERAL DEFINITION OF EMPLOYER
120-15 Sec. 201.022. EFFECT OF BUSINESS ACQUISITION
120-16 Sec. 201.023. TAX-EXEMPT NONPROFIT ORGANIZATION
120-17 Sec. 201.024. ELECTION TO BE EMPLOYER
120-18 Sec. 201.025. EMPLOYER UNDER FEDERAL LAW
120-19 Sec. 201.026. STATE; POLITICAL SUBDIVISION
120-20 Sec. 201.027. EMPLOYER OF DOMESTIC SERVICE WORKER
120-21 Sec. 201.028. EMPLOYER OF FARM AND RANCH LABORER
120-22 (Sections 201.029-201.040 reserved for expansion)
120-23 SUBCHAPTER D. DEFINITION OF EMPLOYMENT
120-24 Sec. 201.041. GENERAL DEFINITION OF EMPLOYMENT
120-25 Sec. 201.042. SERVICE OF DRIVER OR SALESMAN
120-26 Sec. 201.043. LOCATION OF SERVICE
120-27 Sec. 201.044. SERVICE UNDER RECIPROCAL AGREEMENT
121-1 Sec. 201.045. SERVICE ON VESSEL OR AIRCRAFT
121-2 Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT
121-3 Sec. 201.047. FARM AND RANCH LABOR AS EMPLOYMENT
121-4 (Sections 201.048-201.060 reserved for expansion)
121-5 SUBCHAPTER E. EXCEPTIONS TO EMPLOYMENT
121-6 Sec. 201.061. SERVICE ELIGIBLE UNDER ACT OF CONGRESS
121-7 Sec. 201.062. SERVICE UNDER ARRANGEMENT WITH AGENCY
121-8 Sec. 201.063. CERTAIN GOVERNMENT SERVICE
121-9 Sec. 201.064. DOMESTIC SERVICE
121-10 Sec. 201.065. SERVICE BY RELATIVE
121-11 Sec. 201.066. RELIGIOUS SERVICE
121-12 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF
121-13 Sec. 201.068. SERVICE IN HOSPITAL
121-14 Sec. 201.069. SERVICE OF STUDENT
121-15 Sec. 201.070. SERVICE AS PRODUCT DEMONSTRATOR; SALESMAN
121-16 Sec. 201.071. SERVICE AS INSURANCE AGENT
121-17 Sec. 201.072. SERVICE AS REAL ESTATE BROKER
121-18 Sec. 201.073. DELIVERY SERVICE; NEWSPAPER DELIVERY SERVICE
121-19 Sec. 201.074. SERVICE BY INMATE
121-20 Sec. 201.075. SERVICE ON FISHING VESSEL
121-21 Sec. 201.076. INCLUDED AND EXCLUDED SERVICE IN PAY PERIOD
121-22 (Sections 201.077-201.080 reserved for expansion)
121-23 SUBCHAPTER F. DEFINITION OF WAGES
121-24 Sec. 201.081. GENERAL DEFINITION OF WAGES
121-25 Sec. 201.082. EXCEPTIONS TO WAGES
121-26 (Sections 201.083-201.090 reserved for expansion)
121-27 SUBCHAPTER G. TOTAL AND PARTIAL UNEMPLOYMENT
122-1 Sec. 201.091. TOTAL AND PARTIAL UNEMPLOYMENT
122-2 (Sections 201.092-201.100 reserved for expansion)
122-3 SUBCHAPTER H. CONFORMITY WITH FEDERAL STATUTES
122-4 Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES
122-5 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS
122-6 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
122-7 Sec. 201.001. SHORT TITLE. This subtitle may be cited as
122-8 the Texas Unemployment Compensation Act.
122-9 (V.A.C.S. Art. 5221b-22b.)
122-10 Sec. 201.002. APPLICATION OF SUNSET ACT. The Texas
122-11 Employment Commission is subject to Chapter 325, Government Code
122-12 (Texas Sunset Act). Unless continued in existence as provided by
122-13 that chapter, the commission is abolished September 1, 1999.
122-14 (V.A.C.S. Art. 5221b-8(i).)
122-15 (Sections 201.003-201.010 reserved for expansion)
122-16 SUBCHAPTER B. GENERAL DEFINITIONS
122-17 Sec. 201.011. GENERAL DEFINITIONS. In this subtitle:
122-18 (1) "Base period" means:
122-19 (A) the four consecutive completed calendar
122-20 quarters, prescribed by the commission, in the five consecutive
122-21 completed calendar quarters preceding the first day of an
122-22 individual's benefit year; or
122-23 (B) for an individual precluded because of a
122-24 medically verifiable injury or illness from working during a major
122-25 part of a calendar quarter of the period that would otherwise be
122-26 the individual's base period under Paragraph (A), the first four
122-27 calendar quarters of the five consecutive calendar quarters
123-1 preceding the calendar quarter in which the illness began or the
123-2 injury occurred if the individual files an initial claim for
123-3 benefits not later than 24 months after the date on which the
123-4 individual's injury or illness began or occurred.
123-5 (2) "Benefit" means the money payable under this
123-6 subtitle to an individual because of the individual's unemployment.
123-7 (3) "Benefit amount" means benefits an individual is
123-8 entitled to receive for one benefit period of total unemployment.
123-9 (4) "Benefit period" means the seven consecutive
123-10 calendar days ending at midnight on Saturday and is the period for
123-11 which entitlement to benefits is determined.
123-12 (5) "Benefit year" means the 52 consecutive calendar
123-13 weeks beginning with the week for which an individual files a valid
123-14 initial claim for benefits.
123-15 (6) "Calendar quarter" means a period of three
123-16 consecutive calendar months ending on:
123-17 (A) March 31, June 30, September 30, or December
123-18 31; or
123-19 (B) the dates prescribed by rule of the
123-20 commission.
123-21 (7) "Chargeback" means the benefits charged to an
123-22 employer's account under Section 204.021.
123-23 (8) "Commission" means the Texas Employment
123-24 Commission.
123-25 (9) "Compensation fund" means the unemployment
123-26 compensation fund.
123-27 (10) "Contribution" means a tax payment under this
124-1 subtitle to the compensation fund.
124-2 (11) "Employing unit" means a person who, after
124-3 January 1, 1936, has employed an individual to perform services for
124-4 the person in this state.
124-5 (12) "Employment office" means a free public
124-6 employment office operated by this state or maintained as a part of
124-7 a state-controlled system of public employment offices. The term
124-8 includes a branch office.
124-9 (13) "Initial claim" means a notice filed under
124-10 Section 208.001(a) to establish a benefit year by an individual who
124-11 does not have a benefit year in effect at the time the notice was
124-12 filed.
124-13 (14) "Institution of higher education" means:
124-14 (A) a college or university in this state; or
124-15 (B) a public or other nonprofit educational
124-16 institution that:
124-17 (i) admits as regular students only
124-18 individuals with a certificate of graduation or equivalent
124-19 credentials;
124-20 (ii) is legally authorized to provide an
124-21 educational program beyond high school; and
124-22 (iii) provides an educational program:
124-23 (a) for which the institution awards
124-24 a bachelor's or higher degree;
124-25 (b) that is acceptable for full
124-26 credit toward a bachelor's or higher degree; or
124-27 (c) that trains a student for the
125-1 gainful practice of a recognized occupation.
125-2 (15) "Reimbursement" means a payment made in
125-3 accordance with Chapter 205.
125-4 (16) "Reimbursing employer" means an employer making
125-5 payments in accordance with Chapter 205.
125-6 (17) "State" means a state of the United States,
125-7 Puerto Rico, the District of Columbia, or the Virgin Islands.
125-8 (18) "Taxed employer" means an employer who pays a
125-9 contribution under this subtitle.
125-10 (19) "United States" includes, in a geographic
125-11 context, each state.
125-12 (20) "Valid claim" means a claim filed by an
125-13 unemployed individual who has received the wages necessary to
125-14 qualify for benefits.
125-15 (21) "Week" means seven consecutive calendar days as
125-16 prescribed by the commission. (V.A.C.S. Arts. 5221b-5(c)(2)(A)
125-17 (part); 5221b-5a(a) (part); 5221b-17(a), (b), (c), (d), (e) (part),
125-18 (g)(3)(F), (h), (i), (k), (m), (o), (p).)
125-19 Sec. 201.012. DEFINITION OF MISCONDUCT. (a) "Misconduct"
125-20 means mismanagement of a position of employment by action or
125-21 inaction, neglect that jeopardizes the life or property of another,
125-22 intentional wrongdoing or malfeasance, intentional violation of a
125-23 law, or violation of a policy or rule adopted to ensure the orderly
125-24 work and the safety of employees.
125-25 (b) The term "misconduct" does not include an act in
125-26 response to an unconscionable act of an employer or superior.
125-27 (V.A.C.S. Art. 5221b-17(q).)
126-1 (Sections 201.013-201.020 reserved for expansion)
126-2 SUBCHAPTER C. DEFINITION OF EMPLOYER
126-3 Sec. 201.021. GENERAL DEFINITION OF EMPLOYER. (a) In this
126-4 subtitle, "employer" means an employing unit that:
126-5 (1) paid wages of $1,500 or more during a calendar
126-6 quarter in the current or preceding calendar year; or
126-7 (2) employed at least one individual in employment for
126-8 a portion of at least one day during 20 or more different calendar
126-9 weeks of the current or preceding calendar year.
126-10 (b) The definition provided by this section does not apply
126-11 to an employing unit covered by Section 201.023 or to farm and
126-12 ranch labor covered by Section 201.028.
126-13 (c) An individual who performs a service in this state for
126-14 an employing unit that maintains two or more separate
126-15 establishments in this state is employed by a single employing unit
126-16 for purposes of this subtitle. (V.A.C.S. Arts. 5221b-17(e) (part),
126-17 (f)(1).)
126-18 Sec. 201.022. EFFECT OF BUSINESS ACQUISITION. In this
126-19 subtitle, "employer" also means an individual or employing unit
126-20 that acquires the organization, trade, or business of another, or
126-21 substantially all of the assets thereof, of another that was an
126-22 employer subject to this subtitle at the time of the acquisition.
126-23 (V.A.C.S. Art. 5221b-17(f)(2).)
126-24 Sec. 201.023. TAX-EXEMPT NONPROFIT ORGANIZATION. In this
126-25 subtitle, "employer" also means an employing unit that:
126-26 (1) is a nonprofit organization under Section
126-27 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
127-1 501(c)(3));
127-2 (2) is exempt from income tax under Section 501(a),
127-3 Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)); and
127-4 (3) employed at least four individuals in employment
127-5 for a portion of at least one day during 20 or more different
127-6 calendar weeks during the current year or during the preceding
127-7 calendar year. (V.A.C.S. Art. 5221b-17(f)(3).)
127-8 Sec. 201.024. ELECTION TO BE EMPLOYER. In this subtitle,
127-9 "employer" also means an employing unit that has elected to become
127-10 an employer under Section 205.001, 205.002, 206.002, or 206.003.
127-11 (V.A.C.S. Art. 5221b-17(f)(4).)
127-12 Sec. 201.025. EMPLOYER UNDER FEDERAL LAW. In this subtitle,
127-13 "employer" also means:
127-14 (1) an employing unit that is liable for the payment
127-15 of taxes under the Federal Unemployment Tax Act (26 U.S.C. Section
127-16 3301 et seq.) for the current calendar year; or
127-17 (2) an employing unit that the Federal Unemployment
127-18 Tax Act (26 U.S.C. Section 3301 et seq.) requires to be an
127-19 employer under this subtitle as a condition for approval of this
127-20 subtitle for full tax credit against the tax imposed by the Federal
127-21 Unemployment Tax Act. (V.A.C.S. Arts. 5221b-17(f)(5), (7).)
127-22 Sec. 201.026. STATE; POLITICAL SUBDIVISION. In this
127-23 subtitle, "employer" also means a state, a political subdivision of
127-24 a state, or an instrumentality of a state or political subdivision
127-25 of a state that is wholly owned by one or more states or political
127-26 subdivisions of one or more states. (V.A.C.S. Art.
127-27 5221b-17(f)(6).)
128-1 Sec. 201.027. EMPLOYER OF DOMESTIC SERVICE WORKER. (a) In
128-2 this subtitle, "employer" also means an employing unit that paid
128-3 cash wages of $1,000 or more during a calendar quarter in the
128-4 current or preceding calendar year for domestic service in a
128-5 private home, local college club, or local chapter of a college
128-6 fraternity or sorority.
128-7 (b) An employer under this section is not an employer for
128-8 wages paid for a service other than domestic service unless the
128-9 employer is treated as an employer for that service under another
128-10 provision of this subtitle. (V.A.C.S. Art. 5221b-17(f)(9).)
128-11 Sec. 201.028. EMPLOYER OF FARM AND RANCH LABORER. (a) In
128-12 this subtitle, "employer" also means an employing unit that paid
128-13 wages for, or employed individuals in, farm and ranch labor in
128-14 accordance with this section, Section 201.047, or Section 204.009.
128-15 (b) In this section, an employer shall not be treated as an
128-16 employer for wages paid for a service other than service performed
128-17 by:
128-18 (1) a seasonal worker employed on a truck farm,
128-19 orchard, or vineyard;
128-20 (2) a farm and ranch laborer who is a migrant worker;
128-21 or
128-22 (3) a seasonal worker who:
128-23 (A) works for a farmer, ranch operator, or labor
128-24 agent who employs migrant workers; and
128-25 (B) does the same work at the same time and
128-26 location as the migrant workers.
128-27 (c) Subsection (b) does not apply if the employer is an
129-1 employer with respect to farm and ranch labor performed under
129-2 Section 201.047(a)(4). (V.A.C.S. Art. 5221b-17(f)(8)(E) (part).)
129-3 (Sections 201.029-201.040 reserved for expansion)
129-4 SUBCHAPTER D. DEFINITION OF EMPLOYMENT
129-5 Sec. 201.041. GENERAL DEFINITION OF EMPLOYMENT. In this
129-6 subtitle, "employment" means a service, including service in
129-7 interstate commerce, performed by an individual for wages or under
129-8 an express or implied contract of hire, unless it is shown to the
129-9 satisfaction of the commission that the individual's performance of
129-10 the service has been and will continue to be free from control or
129-11 direction under the contract and in fact.
129-12 (V.A.C.S. Art. 5221b-17(g)(1) (part).)
129-13 Sec. 201.042. SERVICE OF DRIVER OR SALESMAN. In this
129-14 subtitle, "employment" includes service:
129-15 (1) as an agent-driver or commission-driver who
129-16 delivers a meat product, vegetable product, fruit product, bakery
129-17 product, laundry, dry cleaning, or beverage except milk, if:
129-18 (A) the service is performed for remuneration;
129-19 (B) the employment contract provides that the
129-20 individual personally performs substantially all of the service;
129-21 (C) the individual performing the service does
129-22 not have a substantial investment in a facility used in the
129-23 performance of the service, other than in a facility for
129-24 transportation; and
129-25 (D) the service is part of a continuing
129-26 relationship with the principal and is not a single transaction; or
129-27 (2) of a traveling or city salesman, except as
130-1 provided in Section 201.070, an agent-driver, or a
130-2 commission-driver, who, on a full-time basis, obtains for the
130-3 individual's principal, except for sideline sales activities for
130-4 another person, orders from a wholesaler, retailer, contractor, or
130-5 operator of a hotel, restaurant, or similar establishment for
130-6 merchandise for resale or supplies for use in the business's
130-7 operation if:
130-8 (A) the employment contract provides that the
130-9 individual personally performs substantially all of the service;
130-10 (B) the individual does not have a substantial
130-11 investment in a facility used in the performance of the service,
130-12 except a facility for transportation; and
130-13 (C) the service is part of a continuing
130-14 relationship with the principal and is not a single transaction.
130-15 (V.A.C.S. Art. 5221b-17(g)(1) (part).)
130-16 Sec. 201.043. LOCATION OF SERVICE. (a) In this subtitle,
130-17 "employment" includes service performed in this state or in and
130-18 outside this state if:
130-19 (1) the service is localized in this state; or
130-20 (2) the service is not localized in any state and some
130-21 of the service is performed in this state and:
130-22 (A) the base of operations is in this state, or
130-23 there is no base of operations, but the service is directed or
130-24 controlled from this state; or
130-25 (B) the base of operations or place from which
130-26 service is directed or controlled is not in a state in which a part
130-27 of the service is performed, and the residence of the person who
131-1 performs the service is in this state.
131-2 (b) In this subtitle, "employment" includes service
131-3 performed anywhere in the United States, including service
131-4 performed entirely outside this state, if:
131-5 (1) the service is not localized in a state;
131-6 (2) the service is performed by an individual who is
131-7 one of a class of employees who are required to travel outside this
131-8 state in performance of their duties; and
131-9 (3) the individual's base of operations is in this
131-10 state or, if there is no base of operations, the individual's
131-11 service is directed or controlled from this state.
131-12 (c) In this subtitle, "employment" includes service
131-13 performed entirely outside this state that is not included as
131-14 employment under Subsection (b) or Section 201.045 and for which
131-15 contributions are not required and paid under an unemployment
131-16 compensation law of another state if:
131-17 (1) the individual performing the service is a
131-18 resident of this state; and
131-19 (2) the commission approves the election of the
131-20 employing unit for which the individual performs the service that
131-21 the entire service of the individual is employment under this
131-22 subtitle.
131-23 (d) In this subtitle, "employment" includes service
131-24 performed after 1971 outside the United States by a citizen of the
131-25 United States as an employee of an American employer, if:
131-26 (1) the service was not performed in a contiguous
131-27 country with which the United States has an agreement relating to
132-1 unemployment compensation;
132-2 (2) the service is not considered employment under
132-3 Subsection (b) or (c) or Section 201.044 or 201.045 or the parallel
132-4 provisions of another state's law; and
132-5 (3) the employer:
132-6 (A) has its principal place of business in the
132-7 United States in this state;
132-8 (B) does not have a place of business in the
132-9 United States and is:
132-10 (i) an individual who is a resident of
132-11 this state;
132-12 (ii) a corporation that is organized under
132-13 the laws of this state; or
132-14 (iii) a partnership or a trust and the
132-15 number of partners or trustees who are residents of this state is
132-16 greater than the number who are residents of any one other state;
132-17 (C) has elected coverage in this state; or
132-18 (D) has failed to elect coverage in any state
132-19 and the individual has filed a claim for benefits based on the
132-20 service under the laws of this state.
132-21 (e) In this section, "American employer" means:
132-22 (1) an individual who is a resident of the United
132-23 States;
132-24 (2) a partnership, if two-thirds or more of the
132-25 partners are residents of the United States;
132-26 (3) a trust, if all of the trustees are residents of
132-27 the United States; or
133-1 (4) a corporation organized under the laws of the
133-2 United States or of a state.
133-3 (f) For the purposes of Subsection (b), service is localized
133-4 in a state if the service is performed entirely within the state or
133-5 the service performed outside the state is incidental to the
133-6 service performed in the state. In this section, a service that is
133-7 "incidental" includes a service that is temporary or that consists
133-8 of isolated transactions.
133-9 (g) If this state is the state of jurisdiction for services
133-10 covered as employment under Subsection (d), the employer shall so
133-11 notify its employees. (V.A.C.S. Arts. 5221b-17(g)(2), (3)(A), (D),
133-12 (E), (G), (4).)
133-13 Sec. 201.044. SERVICE UNDER RECIPROCAL AGREEMENT. In this
133-14 subtitle, "employment" includes service that is performed by an
133-15 individual and that is covered by a reciprocal agreement under this
133-16 subtitle between the commission and the agency that administers
133-17 another state's or a federal unemployment compensation law if:
133-18 (1) under the agreement all service performed by the
133-19 individual for an employing unit is considered to be performed
133-20 entirely in this state; and
133-21 (2) the commission approves an election of the
133-22 employing unit for whom the service is performed under which the
133-23 entire service of the individual is considered employment subject
133-24 to this subtitle during the period covered by the election.
133-25 (V.A.C.S. Art. 5221b-17(g)(3)(B).)
133-26 Sec. 201.045. SERVICE ON VESSEL OR AIRCRAFT. In this
133-27 subtitle, "employment" includes service performed on or in
134-1 connection with an American vessel or aircraft if:
134-2 (1) the service is employment under Section 3306(c),
134-3 Internal Revenue Code of 1986 (26 U.S.C. Section 3306(c)); and
134-4 (2) the operating office from which the vessel or
134-5 aircraft is ordinarily and regularly directed and controlled is in
134-6 this state. (V.A.C.S. Art. 5221b-17(g)(3)(C).)
134-7 Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT. (a)
134-8 An individual employed to perform or to assist in performing the
134-9 work of an employee or agent of an employing unit is employed by
134-10 that employing unit for purposes of this subtitle if the employing
134-11 unit has actual or constructive knowledge of the work.
134-12 (b) Subsection (a) applies without regard to whether the
134-13 individual is hired or paid directly by the employing unit or by
134-14 the employee or agent. (V.A.C.S. Art. 5221b-17(e) (part).)
134-15 Sec. 201.047. FARM AND RANCH LABOR AS EMPLOYMENT. (a) Farm
134-16 and ranch labor is employment for the purposes of this subtitle if
134-17 the labor:
134-18 (1) is performed by a seasonal worker employed on a
134-19 truck farm, orchard, or vineyard;
134-20 (2) is performed by a migrant worker;
134-21 (3) is performed by a seasonal worker who:
134-22 (A) is working for a farmer, ranch operator, or
134-23 labor agent who employs a migrant worker; and
134-24 (B) is doing the same work at the same time and
134-25 location as the migrant worker;
134-26 (4) performed after 1986 and the laborer is employed
134-27 by an employing unit that:
135-1 (A) pays wages in cash of $6,250 or more for the
135-2 labor during a calendar quarter in the calendar year in which the
135-3 labor is performed or the calendar year preceding that year; or
135-4 (B) employs three or more individuals in farm
135-5 and ranch labor for a portion of at least one day during at least
135-6 20 different calendar weeks of the calendar year in which the labor
135-7 is performed or the calendar year preceding that year.
135-8 (b) Wages paid for services described in Subdivision (a)(1),
135-9 (2), or (3) are included in determining the wages paid for the
135-10 purposes of Subdivisions (a)(4) and (5). (V.A.C.S. Arts.
135-11 5221b-17(f)(8)(A)(ii), (B), (C), (E) (part).)
135-12 (Sections 201.048-201.060 reserved for expansion)
135-13 SUBCHAPTER E. EXCEPTIONS TO EMPLOYMENT
135-14 Sec. 201.061. SERVICE ELIGIBLE UNDER ACT OF CONGRESS. In
135-15 this subtitle, "employment" does not include service for which
135-16 unemployment compensation is payable under an unemployment
135-17 compensation system established by an Act of Congress.
135-18 (V.A.C.S. Art. 5221b-17(g)(5)(A) (part).)
135-19 Sec. 201.062. SERVICE UNDER ARRANGEMENT WITH AGENCY. In
135-20 this subtitle, "employment" does not include service under an
135-21 arrangement that is between the commission and the agency that
135-22 administers another state's or a federal unemployment compensation
135-23 law and that considers the service for an employing unit during the
135-24 period covered by the employing unit's approved election to be
135-25 performed entirely within the agency's state or under the federal
135-26 law. (V.A.C.S. Art. 5221b-17(g)(5)(L).)
135-27 Sec. 201.063. CERTAIN GOVERNMENT SERVICE. (a) In this
136-1 subtitle, "employment" does not include:
136-2 (1) service in the employ of a political subdivision
136-3 or of an instrumentality of a political subdivision that is wholly
136-4 owned by one or more political subdivisions:
136-5 (A) as an elected official;
136-6 (B) as a member of a legislative body;
136-7 (C) as a member of the judiciary;
136-8 (D) as a temporary employee in case of fire,
136-9 storm, snow, earthquake, flood, or similar emergency; or
136-10 (E) in a position that is designated under law
136-11 as a major nontenured policy-making or advisory position or a
136-12 policy-making or advisory position that ordinarily does not require
136-13 more than eight hours of service each week;
136-14 (2) service in the employ of a foreign government,
136-15 including service as a consular or other officer or employee or as
136-16 a nondiplomatic representative;
136-17 (3) service in the employ of an instrumentality wholly
136-18 owned by a foreign government if:
136-19 (A) the service is similar to service performed
136-20 in a foreign country by an employee of the United States government
136-21 or an instrumentality of that government; and
136-22 (B) the United States secretary of state has
136-23 certified to the United States secretary of the treasury that the
136-24 foreign government grants an equivalent exemption for similar
136-25 services performed in the foreign country by an employee of the
136-26 United States government or an instrumentality of the United States
136-27 government; or
137-1 (4) service in the employ of the United States
137-2 government or an instrumentality of the United States exempt under
137-3 the United States Constitution from the contributions imposed by
137-4 this subtitle.
137-5 (b) To the extent the United States Congress permits a state
137-6 to require an instrumentality of the United States to make payments
137-7 into an unemployment fund under a state unemployment compensation
137-8 law, this subtitle applies to the instrumentality and to the
137-9 service performed for the instrumentality.
137-10 (V.A.C.S. Arts. 5221b-17(g)(5)(F), (G), (H), (M) (part).)
137-11 Sec. 201.064. DOMESTIC SERVICE. In this subtitle,
137-12 "employment" does not include domestic service in a private home,
137-13 local college club, or local chapter of a college fraternity or
137-14 sorority, except as performed for an employer under Section
137-15 201.027. (V.A.C.S. Art. 5221b-17(g)(5)(C).)
137-16 Sec. 201.065. SERVICE BY RELATIVE. In this subtitle,
137-17 "employment" does not include:
137-18 (1) service of an individual in the employ of the
137-19 individual's son, daughter, or spouse; or
137-20 (2) service of an individual younger than 21 years of
137-21 age in the employ of the individual's father or mother.
137-22 (V.A.C.S. Art. 5221b-17(g)(5)(D).)
137-23 Sec. 201.066. RELIGIOUS SERVICE. In this subtitle,
137-24 "employment" does not include:
137-25 (1) service in the employ of:
137-26 (A) a church;
137-27 (B) a convention or association of churches; or
138-1 (C) an organization that is operated primarily
138-2 for religious purposes and that is operated, supervised,
138-3 controlled, or principally supported by a church or a convention or
138-4 association of churches;
138-5 (2) service performed by an ordained, commissioned, or
138-6 licensed minister of a church in the exercise of the individual's
138-7 ministry; or
138-8 (3) service performed by a member of a religious order
138-9 as required by the order. (V.A.C.S. Arts. 5221b-17(g)(5)(E), (N).)
138-10 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF. In this
138-11 subtitle, "employment" does not include:
138-12 (1) service performed by an individual receiving
138-13 rehabilitative or paying work in the employ of a facility that is
138-14 conducted for the purpose of carrying out a program of
138-15 rehabilitation for individuals whose earning capacity is impaired
138-16 by age, physical or mental deficiency or injury or that provides
138-17 paying work for individuals who, because of their impaired physical
138-18 or mental capacity, cannot be readily absorbed in the competitive
138-19 labor market; or
138-20 (2) service performed as a part of an unemployment
138-21 work-relief or work-training program assisted or financed in whole
138-22 or in part by a federal agency, an agency of a state, or a
138-23 political subdivision of a state by an individual receiving the
138-24 work relief or work training. (V.A.C.S. Arts. 5221b-17(g)(5)(P),
138-25 (Q).)
138-26 Sec. 201.068. SERVICE IN HOSPITAL. In this subtitle,
138-27 "employment" does not include:
139-1 (1) service as a student nurse who is:
139-2 (A) employed by a hospital or a nurses' training
139-3 school; and
139-4 (B) enrolled and regularly attending classes in
139-5 a nurses' training school chartered or approved under state law;
139-6 (2) service as an intern in the employ of a hospital
139-7 by an individual who has completed a four-year course in a medical
139-8 school chartered or approved under state law; or
139-9 (3) service in the employ of a hospital by a patient
139-10 of the hospital. (V.A.C.S. Arts. 5221b-17(g)(5)(I), (U).)
139-11 Sec. 201.069. SERVICE OF STUDENT. In this subtitle,
139-12 "employment" does not include:
139-13 (1) service performed in the employ of a school,
139-14 college, or university by a student who is enrolled and regularly
139-15 attending classes at the school, college, or university;
139-16 (2) service performed by an individual who is enrolled
139-17 as a student in a full-time program that combines academic
139-18 instruction with work experience and that is taken for credit at a
139-19 nonprofit or public educational institution normally maintaining a
139-20 regular faculty and curriculum and having a regularly organized
139-21 body of students in attendance at the place where its educational
139-22 activities are conducted, if the service is an integral part of the
139-23 program, and the institution has so certified to the employing
139-24 unit, except:
139-25 (A) service performed in a program established
139-26 for an employer or a group of employers;
139-27 (B) service in an apprenticeship training
140-1 program; or
140-2 (C) service performed by a teaching assistant;
140-3 or
140-4 (3) service by a student in the employ of an organized
140-5 camp if:
140-6 (A) the camp:
140-7 (i) did not operate for more than seven
140-8 months in the current calendar year and did not operate for more
140-9 than seven months in the preceding calendar year; or
140-10 (ii) had average gross receipts for any
140-11 six months in the preceding calendar year that were not more than
140-12 33-1/3 percent of its average gross receipts for the other six
140-13 months in the preceding calendar year; and
140-14 (B) the student performed services for the camp
140-15 for fewer than 13 calendar weeks in the calendar year and the
140-16 student:
140-17 (i) is enrolled as a full-time student at
140-18 an educational institution; or
140-19 (ii) is between academic terms or years
140-20 and:
140-21 (a) the student was enrolled as a
140-22 full-time student at an educational institution for the preceding
140-23 academic term or year; and
140-24 (b) there is reasonable assurance
140-25 that the student will be so enrolled for the next academic term or
140-26 year. (V.A.C.S. Arts. 5221b-17(g)(5)(S), (T), (X).)
140-27 Sec. 201.070. SERVICE AS PRODUCT DEMONSTRATOR; SALESMAN. In
141-1 this subtitle, "employment" does not include:
141-2 (1) service by an individual as a product demonstrator
141-3 if:
141-4 (A) the service is performed under a written
141-5 contract between the individual performing the service and a person
141-6 whose principal business is obtaining the service of a demonstrator
141-7 for a third person for product demonstration purposes; and
141-8 (B) in contract and in fact the individual:
141-9 (i) is not treated as an employee with
141-10 respect to that service for federal unemployment tax purposes;
141-11 (ii) is compensated for each demonstration
141-12 or is compensated based on factors that relate to the work
141-13 performed;
141-14 (iii) determines the method of performing
141-15 the service;
141-16 (iv) provides each vehicle used to perform
141-17 the service;
141-18 (v) is responsible for the completion of a
141-19 specific job and is liable for failure to complete the job;
141-20 (vi) may accept or reject a job from a
141-21 product demonstrator business;
141-22 (vii) is free from control by the
141-23 principal business as to where the individual works;
141-24 (viii) controls solely opportunity for
141-25 profit or loss; and
141-26 (ix) pays all expenses and operating
141-27 costs, including fuel, repairs, supplies, and motor vehicle
142-1 insurance;
142-2 (2) service by an individual as a direct seller if:
142-3 (A) the individual is engaged in the business
142-4 of:
142-5 (i) in-person sales of consumer products
142-6 to a buyer on a buy-sell basis, a deposit-commission basis, or a
142-7 similar basis for resale in a home or in a place other than, and
142-8 not affiliated with, a permanent retail establishment; or
142-9 (ii) sales of consumer products in a home
142-10 or in a place other than, and not affiliated with, a permanent
142-11 retail establishment;
142-12 (B) substantially all remuneration for the
142-13 service, whether in cash or other form of payment, is directly
142-14 related to sales or other output, including the performance of the
142-15 service, and not to the number of hours worked; and
142-16 (C) the service is performed under a written
142-17 contract between the individual and the person for whom the service
142-18 is performed, and the contract provides that the individual is not
142-19 treated as an employee with respect to the service for federal tax
142-20 purposes; or
142-21 (3) service performed by an individual at a trade
142-22 market for a wholesaler or sales representative of a wholesaler or
142-23 manufacturer of consumer goods under a written contract, or as a
142-24 salesman for a wholesaler of consumer goods, if the wholesaler or
142-25 sales representative maintains a regular or seasonal place of
142-26 business at a trade market facility in a municipality with a
142-27 population of more than 750,000. (V.A.C.S. Arts.
143-1 5221b-17(g)(5)(B), (W), (BB).)
143-2 Sec. 201.071. SERVICE AS INSURANCE AGENT. In this subtitle,
143-3 "employment" does not include service as an insurance agent for
143-4 which the only remuneration for the service is a commission.
143-5 (V.A.C.S. Arts. 5221b-17(g)(5)(J).)
143-6 Sec. 201.072. SERVICE AS REAL ESTATE BROKER. In this
143-7 subtitle, "employment" does not include:
143-8 (1) service performed by an individual as a real
143-9 estate broker or salesman if:
143-10 (A) the individual engages in activity described
143-11 by the definition of "real estate broker" in Section 2, The Real
143-12 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes);
143-13 (B) the individual is licensed as a real estate
143-14 broker or salesman by the Texas Real Estate Commission;
143-15 (C) substantially all remuneration for the
143-16 service, whether in cash or other form of payment, is directly
143-17 related to sales or other output, including the performance of the
143-18 service, and not to the number of hours worked; and
143-19 (D) the service is performed under a written
143-20 contract between the individual and the person for whom the service
143-21 is performed, and the contract provides that the individual is not
143-22 treated as an employee with respect to the service for federal tax
143-23 purposes; or
143-24 (2) service performed by an individual as an
143-25 instructor of a person licensed or seeking a license as a real
143-26 estate broker or salesman if:
143-27 (A) the individual instructs in an educational
144-1 program or course approved by the Texas Real Estate Commission; and
144-2 (B) the service is performed under a written
144-3 contract between the individual and the person for whom the service
144-4 is performed and the contract provides that the individual is not
144-5 treated as an employee with respect to the service for federal tax
144-6 purposes. (V.A.C.S. Arts. 5221b-17(g)(5)(Y), (Z).)
144-7 Sec. 201.073. DELIVERY SERVICE; NEWSPAPER DELIVERY SERVICE.
144-8 In this subtitle, "employment" does not include:
144-9 (1) service performed for compensation by an
144-10 individual for a private for-profit delivery service that operates
144-11 only in a commercial zone as defined and prescribed by the Railroad
144-12 Commission of Texas under Section 1(g), Chapter 314, Acts of the
144-13 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
144-14 Texas Civil Statutes), if the individual:
144-15 (A) may accept or reject a job from the delivery
144-16 service;
144-17 (B) is free from control by the delivery service
144-18 as to when the individual works;
144-19 (C) is compensated for each delivery or is
144-20 compensated based on factors relating to the work performed,
144-21 including receipt of a percentage of a rate schedule;
144-22 (D) controls solely the opportunity for profit
144-23 or loss;
144-24 (E) pays all expenses and operating costs,
144-25 including fuel, repairs, supplies, and motor vehicle insurance;
144-26 (F) determines the method of performing the
144-27 service, including selection of routes and order of deliveries;
145-1 (G) is responsible for completion of a specific
145-2 job and is liable for failure to complete the job;
145-3 (H) enters into a contract that specifies the
145-4 relationship of the individual to the delivery service to be that
145-5 of an independent contractor and not an employee; and
145-6 (I) provides the vehicle used to perform the
145-7 service; or
145-8 (2) service by an individual younger than 18 years of
145-9 age in the delivery or distribution of newspapers or shopping news,
145-10 except delivery or distribution to any location for subsequent
145-11 delivery or distribution. (V.A.C.S. Arts. 5221b-17(g)(5)(K),
145-12 (AA).)
145-13 Sec. 201.074. SERVICE BY INMATE. In this subtitle,
145-14 "employment" does not include service performed by an inmate of a
145-15 custodial or penal institution that is owned or operated by this
145-16 state or a political subdivision of this state.
145-17 (V.A.C.S. Art. 5221b-17(g)(5)(R).)
145-18 Sec. 201.075. SERVICE ON FISHING VESSEL. In this subtitle,
145-19 "employment" does not include service performed on a fishing vessel
145-20 normally having a crew of fewer than 10 members if:
145-21 (1) the crew member's payment is a share of the catch;
145-22 and
145-23 (2) the service is not employment under the Federal
145-24 Unemployment Tax Act (26 U.S.C. Section 3301 et seq.).
145-25 (V.A.C.S. Art. 5221b-17(g)(5)(V).)
145-26 Sec. 201.076. INCLUDED AND EXCLUDED SERVICE IN PAY PERIOD.
145-27 (a) All of the service of an individual performed during a pay
146-1 period for a person employing the individual is employment if the
146-2 service performed during one-half or more of the period is
146-3 employment.
146-4 (b) None of the service of an individual performed during a
146-5 pay period for a person employing the individual is employment if
146-6 the service performed during more than one-half of the pay period
146-7 is not employment.
146-8 (c) This section does not apply to service performed in a
146-9 pay period by an individual for a person employing the individual
146-10 that is service that does not constitute employment under Section
146-11 201.061.
146-12 (d) In this section, "pay period" means the period, not to
146-13 exceed 31 consecutive days, for which a person employing an
146-14 individual ordinarily pays wages to the individual.
146-15 (V.A.C.S. Art. 5221b-17(g)(6).)
146-16 (Sections 201.077-201.080 reserved for expansion)
146-17 SUBCHAPTER F. DEFINITION OF WAGES
146-18 Sec. 201.081. GENERAL DEFINITION OF WAGES. In this
146-19 subtitle, "wages" means all remuneration for personal services,
146-20 including:
146-21 (1) the cash value of remuneration paid in a medium
146-22 other than cash; and
146-23 (2) a gratuity received by an employee in the course
146-24 of employment to the extent that the gratuity is considered wages
146-25 in the computation of taxes under the Federal Unemployment Tax Act
146-26 (26 U.S.C. Section 3301 et seq.). (V.A.C.S. Art. 5221b-17(n)
146-27 (part).)
147-1 Sec. 201.082. EXCEPTIONS TO WAGES. In this subtitle,
147-2 "wages" does not include:
147-3 (1) that part of the remuneration paid by an employer
147-4 to an individual for employment during a calendar year that exceeds
147-5 remuneration to the individual, excluding remuneration under
147-6 another subdivision of this section, by the employer, of:
147-7 (A) $7,000 for a calendar year before 1988;
147-8 (B) $8,000 for calendar year 1988; or
147-9 (C) $9,000 for a calendar year after calendar
147-10 year 1988;
147-11 (2) a payment, including an amount the employer pays
147-12 for insurance or an annuity or pays into a fund for the payment of
147-13 insurance or an annuity, that is made to or for an employee or the
147-14 employee's dependent under a plan the employer established for
147-15 employees generally, or a class of employees, including or
147-16 excluding the employee's dependents, for:
147-17 (A) retirement;
147-18 (B) sickness or accident disability;
147-19 (C) medical or hospitalization expenses in
147-20 connection with sickness or accident disability; or
147-21 (D) expenses related to death;
147-22 (3) a payment made to an individual employee for
147-23 retirement, including an amount an employer pays for insurance or
147-24 an annuity or pays into a fund for the payment of insurance or an
147-25 annuity;
147-26 (4) a payment for sickness or accident disability, or
147-27 medical or hospitalization expenses for sickness or accident
148-1 disability, an employer makes to or for an individual employee
148-2 after the expiration of six calendar months after the last calendar
148-3 month the employee worked for the employer;
148-4 (5) a payment made to or for an employee or the
148-5 employee's beneficiary:
148-6 (A) from or to a trust defined by Section
148-7 401(a), Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)),
148-8 that is exempt from tax under Section 501(a), Internal Revenue Code
148-9 of 1986 (26 U.S.C. Section 501(a)), at the time of payment, unless
148-10 the payment is made to an employee of the trust as remuneration for
148-11 service as an employee and not as a beneficiary of the trust;
148-12 (B) under or to an annuity plan that, at the
148-13 time of the payment, is a plan described by Section 403(a),
148-14 Internal Revenue Code of 1986 (26 U.S.C. Section 403(a)); or
148-15 (C) under or to a bond purchase plan that, at
148-16 the time of the payment, was a qualified bond purchase plan under
148-17 Section 405(a), Internal Revenue Code of 1954 (former 26 U.S.C.
148-18 Section 405(a));
148-19 (6) a tax an employer pays, without deduction from the
148-20 remuneration of the employee, that is imposed on the employee under
148-21 Section 3101, Internal Revenue Code of 1986 (26 U.S.C. Section
148-22 3101);
148-23 (7) noncash remuneration paid to an employee for
148-24 service not in the course of the employer's business;
148-25 (8) a payment, except vacation or sick pay, made to an
148-26 employee after the month the employee is 65 years of age, if the
148-27 employee did not work for the employer in the period for which the
149-1 payment is made; or
149-2 (9) the part of remuneration from a single employer
149-3 for services in a calendar year that exceeds the amount applicable
149-4 to the year under Subdivision (1) for which contributions have been
149-5 paid under a state unemployment law. (V.A.C.S. Art. 5221b-17(n)
149-6 (part).)
149-7 (Sections 201.083-201.090 reserved for expansion)
149-8 SUBCHAPTER G. TOTAL AND PARTIAL UNEMPLOYMENT
149-9 Sec. 201.091. TOTAL AND PARTIAL UNEMPLOYMENT. (a) An
149-10 individual is totally unemployed in a benefit period during which
149-11 the individual does not perform services for wages in excess of the
149-12 greater of:
149-13 (1) $5; or
149-14 (2) 25 percent of the benefit amount.
149-15 (b) An individual is partially unemployed in a benefit
149-16 period of less than full-time work if the individual's wages
149-17 payable for that benefit period are less than the sum of:
149-18 (1) the benefit amount the individual would be
149-19 entitled to receive if the individual was totally unemployed; and
149-20 (2) the greater of:
149-21 (A) $5; or
149-22 (B) 25 percent of the benefit amount.
149-23 (V.A.C.S. Arts. 5221b-17(j), (l) (part).)
149-24 (Sections 201.092-201.100 reserved for expansion)
149-25 SUBCHAPTER H. CONFORMITY WITH FEDERAL STATUTES
149-26 Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES. If the
149-27 United States secretary of labor holds that a provision of this
150-1 subtitle does not conform with a federal statute, the commission
150-2 may administer this subtitle to conform with the federal statute
150-3 until the legislature meets in its next session and has an
150-4 opportunity to amend this subtitle. (V.A.C.S. Art. 5221b-22e.)
150-5 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
150-6 SUBCHAPTER A. ORGANIZATION OF COMMISSION
150-7 Sec. 202.001. MEMBERSHIP REQUIREMENTS
150-8 Sec. 202.002. MEMBER RESTRICTIONS
150-9 Sec. 202.003. EFFECT OF LOBBYING ACTIVITY
150-10 Sec. 202.004. TERMS; VACANCY
150-11 Sec. 202.005. CHAIRMAN
150-12 Sec. 202.006. REMOVAL OF COMMISSION MEMBERS
150-13 (Sections 202.007-202.020 reserved for expansion)
150-14 SUBCHAPTER B. COMMISSION ADMINISTRATION
150-15 Sec. 202.021. DONATIONS
150-16 Sec. 202.022. AUDIT
150-17 Sec. 202.023. COMPLAINTS
150-18 Sec. 202.024. OFFICIAL SEAL; USE OF FACSIMILES
150-19 Sec. 202.025. STATE ADVISORY COUNCIL; LOCAL COUNCILS
150-20 (Sections 202.026-202.040 reserved for expansion)
150-21 SUBCHAPTER C. AGENCY ADMINISTRATOR AND PERSONNEL
150-22 Sec. 202.041. AGENCY ADMINISTRATOR; PERSONNEL
150-23 Sec. 202.042. ACCESS TO CERTAIN CRIMINAL HISTORY RECORD
150-24 INFORMATION; OFFENSE; PENALTY
150-25 Sec. 202.043. STANDARDS OF CONDUCT INFORMATION
150-26 (Sections 202.044-202.060 reserved for expansion)
150-27 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
151-1 Sec. 202.061. GENERAL POWERS AND DUTIES
151-2 Sec. 202.062. FINDINGS
151-3 Sec. 202.063. STATE AND FEDERAL COOPERATION
151-4 Sec. 202.064. INTERPRETER SERVICES; BILINGUAL FORMS
151-5 Sec. 202.065. ANNUAL REPORT
151-6 Sec. 202.066. PUBLICATIONS
151-7 (Sections 202.067-202.070 reserved for expansion)
151-8 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
151-9 Sec. 202.071. INVESTIGATIVE AND SUBPOENA POWERS
151-10 Sec. 202.072. ENFORCEMENT OF SUBPOENA; OFFENSE; PENALTIES
151-11 Sec. 202.073. SELF-INCRIMINATION
151-12 Sec. 202.074. DEFAMATION
151-13 (Sections 202.075-202.080 reserved for expansion)
151-14 SUBCHAPTER F. EMPLOYMENT SERVICE
151-15 Sec. 202.081. TEXAS STATE EMPLOYMENT SERVICE
151-16 Sec. 202.082. EMPLOYMENT SERVICES AGREEMENTS
151-17 (Sections 202.083-202.090 reserved for expansion)
151-18 SUBCHAPTER G. RECORDS
151-19 Sec. 202.091. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE;
151-20 PENALTY
151-21 Sec. 202.092. COPIES OF RECORDS
151-22 Sec. 202.093. ACCESS TO RECORDS BY RAILROAD RETIREMENT
151-23 BOARD
151-24 Sec. 202.094. DESTRUCTION OF RECORDS
151-25 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
151-26 SUBCHAPTER A. ORGANIZATION OF COMMISSION
151-27 Sec. 202.001. MEMBERSHIP REQUIREMENTS. (a) The Texas
152-1 Employment Commission is composed of three members:
152-2 (1) one of whom shall be a representative of labor;
152-3 (2) one of whom shall be a representative of
152-4 employers; and
152-5 (3) one of whom shall be impartial and shall represent
152-6 the public.
152-7 (b) The governor shall appoint the members and make the
152-8 appointments without regard to the race, creed, sex, religion, or
152-9 national origin of the appointees. (V.A.C.S. Arts. 5221b-8(a)
152-10 (part), (b) (part).)
152-11 Sec. 202.002. MEMBER RESTRICTIONS. (a) A member of the
152-12 commission may not engage in any other business, vocation, or
152-13 employment during the member's term on the commission.
152-14 (b) The public member of the commission may not be an
152-15 officer, employee, or paid consultant of a labor-oriented or
152-16 employer-oriented trade association while the member serves on the
152-17 commission. (V.A.C.S. Arts. 5221b-8(a) (part), (b) (part).)
152-18 Sec. 202.003. EFFECT OF LOBBYING ACTIVITY. A person who is
152-19 required to register as a lobbyist under Chapter 305, Government
152-20 Code, may not serve as a member of the commission or act as the
152-21 general counsel to the commission while so registered. If the
152-22 person ceases to engage in lobbying activity and files a notice of
152-23 termination as prescribed by Section 305.008, Government Code, the
152-24 person may serve as a member of the commission or act as the
152-25 general counsel to the commission. (V.A.C.S. Art. 5221b-8(c).)
152-26 Sec. 202.004. TERMS; VACANCY. (a) Members of the
152-27 commission are appointed for staggered six-year terms, with one
153-1 member's term expiring on February 1 of each odd-numbered year.
153-2 (b) A member appointed to fill a vacancy shall hold office
153-3 for the remainder of that term. (V.A.C.S. Art. 5221b-8(b) (part).)
153-4 Sec. 202.005. CHAIRMAN. The member representing the public
153-5 is the chairman of the commission. (V.A.C.S. Art. 5221b-8(d).)
153-6 Sec. 202.006. REMOVAL OF COMMISSION MEMBERS. (a) It is a
153-7 ground for removal from the commission by impeachment that a
153-8 member:
153-9 (1) during any 60-day period, is absent from each
153-10 commission meeting for which the member received at least 48 hours'
153-11 notice;
153-12 (2) is unable to discharge the member's duties for the
153-13 remainder of the term for which the member was appointed because of
153-14 illness or other disability; or
153-15 (3) violates a prohibition established by Section
153-16 202.002 or 202.003.
153-17 (b) The validity of an action of the commission is not
153-18 affected by the fact that it was taken when a ground for the
153-19 removal of a member of the commission existed. (V.A.C.S. Art.
153-20 5221b-8(h).)
153-21 (Sections 202.007-202.020 reserved for expansion)
153-22 SUBCHAPTER B. COMMISSION ADMINISTRATION
153-23 Sec. 202.021. DONATIONS. The commission may accept a
153-24 donation of services, money, or property from an organization
153-25 listed in Section 501(c)(3) of the Internal Revenue Code of 1986
153-26 (26 U.S.C. Section 501(c)(3)) that the commission determines
153-27 furthers the lawful objectives of the commission. The donation
154-1 must be accepted in an open meeting by a majority of the voting
154-2 members of the commission and must be reported in the public
154-3 records of the commission with the name of the donor and the
154-4 purpose of the donation. (V.A.C.S. Art. 5221b-9(q).)
154-5 Sec. 202.022. AUDIT. The financial transactions of the
154-6 commission are subject to audit by the state auditor in accordance
154-7 with Chapter 321, Government Code. (V.A.C.S. Art. 5221b-9(m).)
154-8 Sec. 202.023. COMPLAINTS. (a) The commission shall keep an
154-9 information file about each complaint filed with the commission
154-10 that relates to a service provided by the commission.
154-11 (b) If a written complaint is filed with the commission that
154-12 relates to a service provided by the commission, the commission, at
154-13 least quarterly and until final disposition of the complaint, shall
154-14 notify the parties to the complaint of the status of the complaint.
154-15 (V.A.C.S. Arts. 5221b-9(n), (o).)
154-16 Sec. 202.024. OFFICIAL SEAL; USE OF FACSIMILES. (a) The
154-17 commission has an official seal. A court shall take judicial
154-18 notice of the seal.
154-19 (b) The commission may execute, certify, authenticate, or
154-20 sign, with a facsimile signature and seal, any instrument
154-21 authorized under this subtitle to be issued by the commission or by
154-22 an authorized representative of the commission, including a claim,
154-23 statement, or audit report relating to the establishment or
154-24 collection of delinquent contributions or penalties. (V.A.C.S.
154-25 Arts. 5221b-9(a) (part), (p).)
154-26 Sec. 202.025. STATE ADVISORY COUNCIL; LOCAL COUNCILS. (a)
154-27 The commission may appoint a state advisory council composed of 15
155-1 persons representing employers, employees, and the public. Each
155-2 member of the commission may appoint five persons to the advisory
155-3 council.
155-4 (b) The advisory council shall meet regularly.
155-5 (c) As permitted by commission rule, a member of the
155-6 advisory council is entitled to reimbursement for necessary travel
155-7 and subsistence expenses and to a per diem allowance for attending
155-8 meetings of the council, but is not a state employee for any
155-9 purpose.
155-10 (d) The commission shall determine the composition and
155-11 prescribe the duties of the advisory council.
155-12 (e) The advisory council shall prepare an annual report
155-13 describing the advisory council's work during the preceding year
155-14 and detailing any recommendations.
155-15 (f) The commission may appoint and pay local advisory
155-16 councils and consultants under the same conditions as provided in
155-17 this section for the state advisory council. (V.A.C.S. Art.
155-18 5221b-8(e) (part).)
155-19 (Sections 202.026-202.040 reserved for expansion)
155-20 SUBCHAPTER C. AGENCY ADMINISTRATOR AND PERSONNEL
155-21 Sec. 202.041. AGENCY ADMINISTRATOR; PERSONNEL. (a) The
155-22 commission shall appoint an agency administrator on the basis of
155-23 merit to administer the daily operations of the commission and may
155-24 prescribe any specific qualifications for the position of agency
155-25 administrator that are necessary to comply with federal law. The
155-26 position of agency administrator is subject to the merit principles
155-27 of Chapter 492, Acts of the 69th Legislature, Regular Session, 1985
156-1 (Article 6252-11g, Vernon's Texas Civil Statutes).
156-2 (b) The agency administrator may:
156-3 (1) appoint and prescribe the powers and duties of all
156-4 officers, accountants, attorneys, experts, and other persons as
156-5 necessary in the performance of the commission's duties;
156-6 (2) delegate authority to a person appointed under
156-7 this section as the agency administrator considers reasonable and
156-8 proper for the effective administration of this subtitle; and
156-9 (3) bond any person that handles money or signs checks
156-10 under this subtitle.
156-11 (c) The agency administrator or a person designated by the
156-12 agency administrator shall develop a system of annual performance
156-13 evaluations based on measurable job tasks. All merit pay for
156-14 commission employees must be based on the system established under
156-15 this subsection. (V.A.C.S. Arts. 5221b-9(a) (part), (e).)
156-16 Sec. 202.042. ACCESS TO CERTAIN CRIMINAL HISTORY RECORD
156-17 INFORMATION; OFFENSE; PENALTY. (a) The commission may request and
156-18 receive criminal history record information maintained by the
156-19 Department of Public Safety, the Federal Bureau of Investigation
156-20 Identification Division, or another law enforcement agency to
156-21 investigate an applicant for employment in a security sensitive
156-22 position.
156-23 (b) The commission shall adopt a uniform method of obtaining
156-24 criminal history information that requires the commission to submit
156-25 to the Department of Public Safety or another law enforcement
156-26 agency either a complete set of fingerprints or the complete name,
156-27 driver's license number, and social security number of the person
157-1 being investigated. If the commission does not obtain relevant
157-2 information from state or local law enforcement agencies in
157-3 response to a submission under this subsection, the commission may
157-4 submit either the fingerprints or the required information to the
157-5 Federal Bureau of Investigation Identification Division.
157-6 (c) The commission may request an applicant for a security
157-7 sensitive position to provide either a complete set of fingerprints
157-8 or the applicant's complete name, driver's license number, and
157-9 social security number. The commission may deny employment in a
157-10 security sensitive position to an applicant who fails to provide
157-11 the requested fingerprints or information.
157-12 (d) All information received by the commission under this
157-13 section is privileged and confidential and is for the exclusive use
157-14 of the commission. The information may not be released or
157-15 otherwise disclosed to any other person except on court order or
157-16 with the written consent of the person being investigated.
157-17 (e) After the commission hires an applicant for a security
157-18 sensitive position, the commission shall seal the criminal history
157-19 record information regarding the applicant and shall deliver the
157-20 information to the custody of the agency administrator or the
157-21 person designated by the agency administrator, who shall maintain
157-22 the information as provided by commission rule. The commission
157-23 shall destroy the criminal history record information of an
157-24 applicant who is not hired.
157-25 (f) The commission shall adopt rules governing the custody
157-26 and use of information obtained under this section.
157-27 (g) The commission may use information obtained under this
158-1 section only to evaluate an applicant for employment in a security
158-2 sensitive position. A security sensitive position must be so
158-3 identified in the job description and in the announcement of the
158-4 position.
158-5 (h) In this section, "security sensitive position" means a
158-6 position of employment that requires as an incident of the
158-7 employment:
158-8 (1) the performance of duties in:
158-9 (A) the automated data processing, controller,
158-10 or fiscal department; or
158-11 (B) a position designated to handle receipts or
158-12 disbursements of cash in a local or regional office;
158-13 (2) access to a computer terminal, if the information
158-14 available from the terminal is required by law to be confidential;
158-15 (3) access to a master key for access to the premises
158-16 other than during regular working hours; or
158-17 (4) the performance of duties considered to be
158-18 security sensitive by the state auditor or the Inspector General of
158-19 the United States Department of Labor.
158-20 (i) A person commits an offense if the person releases or
158-21 discloses any information received under this section in violation
158-22 of Subsection (d). An offense under this subsection is a Class A
158-23 misdemeanor. (V.A.C.S. Art. 5221b-9e.)
158-24 Sec. 202.043. STANDARDS OF CONDUCT INFORMATION. The
158-25 commission shall provide to its members and employees of the
158-26 commission, as often as necessary, information regarding their
158-27 responsibilities under applicable laws relating to standards of
159-1 conduct for state officers or employees. (V.A.C.S. Art.
159-2 5221b-9(f).)
159-3 (Sections 202.044-202.060 reserved for expansion)
159-4 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
159-5 Sec. 202.061. GENERAL POWERS AND DUTIES. (a) The
159-6 commission shall administer this subtitle and may adopt rules, make
159-7 expenditures, require reports, conduct investigations, and take
159-8 other action it considers necessary or suitable to fulfill that
159-9 duty.
159-10 (b) The commission shall determine its own organization and
159-11 methods of procedure in accordance with this subtitle. (V.A.C.S.
159-12 Art. 5221b-9(a) (part).)
159-13 Sec. 202.062. FINDINGS. The commission shall make findings
159-14 and determine issues under this subtitle as necessary to administer
159-15 this subtitle. (New.)
159-16 Sec. 202.063. STATE AND FEDERAL COOPERATION. (a) The
159-17 commission is designated as the agency of this state for
159-18 implementation in this state of the Wagner-Peyser Act (29 U.S.C.
159-19 Section 49 et seq.).
159-20 (b) In administering this subtitle the commission shall:
159-21 (1) cooperate with the secretary under the Social
159-22 Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent
159-23 consistent with this subtitle;
159-24 (2) make reports in the form and containing
159-25 information required by the secretary and comply with provisions
159-26 the secretary finds necessary to ensure that the reports are
159-27 correct and verified;
160-1 (3) comply with the regulations prescribed by the
160-2 secretary governing the expenditures of funds allotted and paid to
160-3 the state under Title III of the Social Security Act (42 U.S.C.
160-4 Section 501 et seq.) to assist in the administration of this
160-5 subtitle; and
160-6 (4) cooperate with any official or agency of the
160-7 United States having powers or duties under the Wagner-Peyser Act
160-8 (29 U.S.C. Section 49 et seq.) and take all actions necessary to
160-9 secure to this state the benefits of that Act and necessary to
160-10 perform the commission's duties under Subchapter F.
160-11 (c) The commission may provide reasonable cooperation to
160-12 each agency of the United States charged with the administration of
160-13 any unemployment insurance law.
160-14 (d) On request, the commission shall furnish to an agency of
160-15 the United States responsible for the administration of public
160-16 works or assistance through public employment the name, address,
160-17 ordinary occupation, and employment status of each recipient of
160-18 benefits and shall inform the agency of the recipient's right to
160-19 further benefits under this subtitle.
160-20 (e) In this section, "secretary" means the United States
160-21 secretary of labor. (V.A.C.S. Arts. 5221b-9(k), 5221b-9a (part),
160-22 5221b-10(a) (part).)
160-23 Sec. 202.064. INTERPRETER SERVICES; BILINGUAL FORMS. (a)
160-24 The commission shall provide language interpreters for agency
160-25 programs through a comprehensive language services program for
160-26 persons whose primary language is Spanish and may provide language
160-27 interpreters through the program for agency programs for persons
161-1 whose primary language is other than Spanish or English.
161-2 (b) The language services program must provide services,
161-3 including translation services, both to employers and to employees
161-4 or prospective employees.
161-5 (c) The commission shall print essential agency forms and
161-6 instructional information in both English and Spanish. A form
161-7 shall be written in Spanish only when revised or when new or
161-8 additional forms are printed or prepared. (V.A.C.S. Art.
161-9 5221b-9c.)
161-10 Sec. 202.065. ANNUAL REPORT. (a) As soon as practicable
161-11 after the close of each fiscal year, the commission shall submit to
161-12 the governor and the legislature a report on the administration and
161-13 operation of the commission's activities under this subtitle during
161-14 the preceding fiscal year, including each recommendation of the
161-15 commission for amendments to this subtitle.
161-16 (b) The annual report must include:
161-17 (1) a balance sheet of the money in the compensation
161-18 fund;
161-19 (2) the annual report prepared by the state advisory
161-20 council under Section 202.025(e);
161-21 (3) the commission's long-term and short-term
161-22 objectives; and
161-23 (4) any other information requested by the legislature
161-24 or the Legislative Budget Board. (V.A.C.S. Arts. 5221b-8(e)
161-25 (part), 5221b-9(b) (part).)
161-26 Sec. 202.066. PUBLICATIONS. (a) The commission shall
161-27 print:
162-1 (1) the text of this subtitle;
162-2 (2) the commission's rules; and
162-3 (3) the commission's annual report to the governor and
162-4 the legislature.
162-5 (b) The commission shall prepare information describing the
162-6 functions of the commission and the commission's procedures by
162-7 which complaints are filed with and resolved by the commission.
162-8 (c) The commission shall make the information required to be
162-9 printed or prepared under this section and any other material that
162-10 the commission determines to be relevant and suitable for
162-11 distribution available to the public and appropriate state
162-12 agencies. (V.A.C.S. Art. 5221b-9(d).)
162-13 (Sections 202.067-202.070 reserved for expansion)
162-14 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
162-15 Sec. 202.071. INVESTIGATIVE AND SUBPOENA POWERS. (a) In
162-16 discharging duties imposed under this subtitle, an appeal tribunal
162-17 established under Section 212.101, a member of the commission, or a
162-18 representative authorized by the commission may:
162-19 (1) administer oaths;
162-20 (2) take depositions;
162-21 (3) certify to official acts; and
162-22 (4) issue subpoenas to compel the attendance of
162-23 witnesses and the production of books, papers, correspondence,
162-24 memoranda, and other records considered necessary as evidence in
162-25 connection with a disputed claim or the administration of this
162-26 subtitle.
162-27 (b) The commission's authority to conduct an investigation,
163-1 assemble information, or require the submission of documentary or
163-2 oral testimony is limited to the power necessary to properly
163-3 administer this subtitle.
163-4 (c) Notwithstanding Section 154.004, Local Government Code,
163-5 or any other law, the commission shall pay the fee of a sheriff or
163-6 constable who serves a subpoena under this section. The fee shall
163-7 be paid from the commission's administrative funds, and the
163-8 comptroller shall issue a warrant for the fee as directed by the
163-9 commission. (V.A.C.S. Arts. 5221b-9(h), 5221b-21.)
163-10 Sec. 202.072. ENFORCEMENT OF SUBPOENA; OFFENSE; PENALTIES.
163-11 (a) If a person is guilty of contumacy or refuses to obey a
163-12 subpoena issued by a member of the commission or an authorized
163-13 representative of the commission, a county or district court, on
163-14 application by the commission or its authorized representative, may
163-15 order the person to appear before a member of the commission, the
163-16 commission, or its authorized representative to produce evidence or
163-17 give testimony regarding the matter under investigation or in
163-18 question. Only a court within the jurisdiction where the
163-19 commission conducts the inquiry or where the person is found,
163-20 resides, or transacts business may issue the order.
163-21 (b) Failure to obey a court order issued under Subsection
163-22 (a) is punishable as contempt.
163-23 (c) A person commits an offense if the person, without just
163-24 cause, does not obey a subpoena of the commission. An offense
163-25 under this subsection is punishable by a fine of not less than
163-26 $200, by confinement for not more than 60 days, or by both fine and
163-27 confinement. Each day of violation constitutes a separate offense.
164-1 (V.A.C.S. Art. 5221b-9(i).)
164-2 Sec. 202.073. SELF-INCRIMINATION. (a) In any cause or
164-3 proceeding before the commission, a person is not excused from
164-4 attending and testifying, from producing books, papers,
164-5 correspondence, memoranda, and other records, or from obeying a
164-6 subpoena of the commission, a member of the commission, or a
164-7 representative of the commission on the ground that the testimony
164-8 or evidence, documentary or otherwise, may tend to incriminate the
164-9 person or subject the person to a penalty or forfeiture.
164-10 (b) A person may not be prosecuted or subjected to penalty
164-11 or forfeiture for or because of a transaction or thing for which
164-12 the person is compelled to testify or produce evidence after having
164-13 claimed a privilege against self-incrimination except for perjury.
164-14 (V.A.C.S. Art. 5221b-9(j) (part).)
164-15 Sec. 202.074. DEFAMATION. An oral or written statement made
164-16 to the commission or to an employee of the commission in connection
164-17 with the discharge of the commission's or the employee's duties
164-18 under this subtitle may not be the basis for an action for
164-19 defamation of character. (V.A.C.S. Art. 5221b-9(j) (part).)
164-20 (Sections 202.075-202.080 reserved for expansion)
164-21 SUBCHAPTER F. EMPLOYMENT SERVICE
164-22 Sec. 202.081. TEXAS STATE EMPLOYMENT SERVICE. (a) The
164-23 Texas State Employment Service is a division of the commission.
164-24 (b) The commission, through the division, shall establish
164-25 and maintain free public employment offices as necessary to perform
164-26 the commission's duties under the Wagner-Peyser Act (29 U.S.C.
164-27 Section 49 et seq.). The number and locations of the public
165-1 employment offices shall be determined by the commission as
165-2 necessary for the proper administration of this subtitle.
165-3 (V.A.C.S. Art. 5221b-10(a) (part).)
165-4 Sec. 202.082. EMPLOYMENT SERVICES AGREEMENTS. (a) To
165-5 establish and maintain public employment offices under this
165-6 subchapter, the commission may enter into an agreement with any
165-7 political subdivision of the state or with a private or nonprofit
165-8 organization and, as a part of the agreement, accept money,
165-9 services, or quarters as a contribution to the employment service
165-10 account.
165-11 (b) To establish and maintain, or assist in the
165-12 establishment and maintenance of, public employment offices within
165-13 a county or other political subdivision of this state, the
165-14 commissioners court of the county or the governing body of the
165-15 other political subdivision may enter into agreements with the
165-16 Texas State Employment Service on terms and conditions agreed to by
165-17 the commissioners court or other governing body and the Texas State
165-18 Employment Service. The county or other political subdivision may
165-19 employ means and appropriate and spend funds as necessary to
165-20 establish and operate the public employment offices, and may
165-21 provide, as part of the agreement, payment for:
165-22 (1) the rent of premises;
165-23 (2) services rendered;
165-24 (3) the purchase of equipment; and
165-25 (4) any other purpose considered advisable by the
165-26 commissioners court or other governing body.
165-27 (c) The penalty provisions of this subtitle, including the
166-1 provisions of Chapters 213 and 214, do not apply to an action or
166-2 omission under Subsection (b). (V.A.C.S. Arts. 5221a-3,
166-3 5221b-10(b) (part).)
166-4 (Sections 202.083-202.090 reserved for expansion)
166-5 SUBCHAPTER G. RECORDS
166-6 Sec. 202.091. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE;
166-7 PENALTY. (a) Each employing unit shall keep employment records
166-8 containing information as prescribed by the commission and as
166-9 necessary for the proper administration of this subtitle. The
166-10 records are open to inspection and may be copied by the commission
166-11 or an authorized representative of the commission at any reasonable
166-12 time and as often as necessary.
166-13 (b) The commission may require from an employing unit sworn
166-14 or unsworn reports regarding persons employed by the employing unit
166-15 as necessary for the effective administration of this subtitle.
166-16 (c) Employment information thus obtained or otherwise
166-17 secured may not be published and is not open to public inspection,
166-18 other than to a public employee in the performance of public
166-19 duties, except as the commission considers necessary for the proper
166-20 administration of this subtitle.
166-21 (d) A person commits an offense if the person is an employee
166-22 or member of the commission who violates any provision of this
166-23 section. An offense under this subsection is punishable by a fine
166-24 of not less than $20 nor more than $200, confinement in jail for
166-25 not more than 90 days, or both fine and confinement. (V.A.C.S.
166-26 Art. 5221b-9(g).)
166-27 Sec. 202.092. COPIES OF RECORDS. (a) The commission may
167-1 furnish a photostatic or certified copy of a record in its
167-2 possession to a person entitled to receive a copy of the record on
167-3 application by the person.
167-4 (b) The commission shall charge a reasonable fee in an
167-5 amount set by the commission for a copy of a record furnished under
167-6 this section. (V.A.C.S. Art. 5221b-11(b).)
167-7 Sec. 202.093. ACCESS TO RECORDS BY RAILROAD RETIREMENT
167-8 BOARD. (a) The commission may make state records relating to the
167-9 administration of this subtitle available to the Railroad
167-10 Retirement Board.
167-11 (b) The commission may furnish the Railroad Retirement Board
167-12 with copies of the records requested by the board at the board's
167-13 expense. (V.A.C.S. Art. 5221b-9a (part).)
167-14 Sec. 202.094. DESTRUCTION OF RECORDS. The commission may
167-15 destroy any of its records under safeguards that protect the
167-16 confidential nature of the records if the commission:
167-17 (1) determines that the records no longer serve a
167-18 legal, administrative, or other useful purpose; or
167-19 (2) has made an authentic reproduction of the records
167-20 to be destroyed. (V.A.C.S. Art. 5221b-9b.)
167-21 CHAPTER 203. FINANCING AND FUNDS
167-22 SUBCHAPTER A. GENERAL PROVISIONS
167-23 Sec. 203.001. DEFINITIONS
167-24 Sec. 203.002. DUTIES OF TREASURER AND COMPTROLLER
167-25 Sec. 203.003. TREASURER'S BOND LIABILITY
167-26 Sec. 203.004. DEPOSIT OF FUNDS; EXCEPTION
167-27 Sec. 203.005. APPLICATION OF OTHER LAW
168-1 (Sections 203.006-203.020 reserved for expansion)
168-2 SUBCHAPTER B. UNEMPLOYMENT COMPENSATION FUND
168-3 Sec. 203.021. UNEMPLOYMENT COMPENSATION FUND;
168-4 SEPARATE ACCOUNTS
168-5 Sec. 203.022. COMPOSITION AND USE OF CLEARING ACCOUNT
168-6 Sec. 203.023. REQUISITIONS FROM FEDERAL TRUST FUND;
168-7 BENEFIT ACCOUNT
168-8 Sec. 203.024. DEPOSITS
168-9 Sec. 203.025. USE OF REQUISITIONED MONEY
168-10 Sec. 203.026. ACCOUNTS FROM WHICH BENEFITS AND
168-11 REFUNDS ARE PAID
168-12 Sec. 203.027. UNEXPENDED BALANCE OF BENEFIT ACCOUNT
168-13 Sec. 203.028. SOLVENCY OF COMPENSATION FUND; RESERVE
168-14 Sec. 203.029. REFUND OF CONTRIBUTIONS TO FEDERAL
168-15 INSTRUMENTALITY
168-16 Sec. 203.030. REIMBURSEMENT FROM OR TO COMPENSATION FUND
168-17 UNDER RECIPROCAL ARRANGEMENT
168-18 Sec. 203.031. NONLIABILITY OF STATE
168-19 Sec. 203.032. MANAGEMENT OF COMPENSATION FUND ON DISCONTINUANCE
168-20 OF FEDERAL TRUST FUND
168-21 (Sections 203.033-203.100 reserved for expansion)
168-22 SUBCHAPTER C. ADVANCES FROM FEDERAL TRUST FUND
168-23 Sec. 203.101. LIMIT ON APPLICATION FOR ADVANCE
168-24 Sec. 203.102. ADVANCE INTEREST TRUST FUND
168-25 Sec. 203.103. TRANSFER OF INCOME FROM ADVANCE INTEREST TRUST
168-26 FUND TO SPECIAL ADMINISTRATION FUND
168-27 Sec. 203.104. TRANSFER FROM ADVANCE INTEREST TRUST FUND TO
169-1 COMPENSATION FUND
169-2 Sec. 203.105. ADDITIONAL TAX
169-3 (Sections 203.106-203.150 reserved for expansion)
169-4 SUBCHAPTER D. ADMINISTRATION FUND
169-5 Sec. 203.151. ADMINISTRATION FUND
169-6 Sec. 203.152. USE OF ADMINISTRATION FUND
169-7 Sec. 203.153. EMPLOYMENT SERVICE FINANCING
169-8 Sec. 203.154. REIMBURSEMENT OF ADMINISTRATION FUND
169-9 (Sections 203.155-203.200 reserved for expansion)
169-10 SUBCHAPTER E. SPECIAL ADMINISTRATION FUND
169-11 Sec. 203.201. SPECIAL ADMINISTRATION FUND
169-12 Sec. 203.202. USE OF SPECIAL ADMINISTRATION FUND
169-13 Sec. 203.203. REFUND OF PENALTIES
169-14 CHAPTER 203. FINANCING AND FUNDS
169-15 SUBCHAPTER A. GENERAL PROVISIONS
169-16 Sec. 203.001. DEFINITIONS. In this chapter:
169-17 (1) "Administration fund" means the unemployment
169-18 compensation administration fund created under Section 203.151.
169-19 (2) "Federal trust fund" means the unemployment trust
169-20 fund created under Section 904, Social Security Act (42 U.S.C.
169-21 Section 1104).
169-22 (3) "Special administration fund" means the
169-23 unemployment compensation special administration fund created under
169-24 Section 203.201.
169-25 (4) "Treasurer" means the state treasurer. (New.)
169-26 Sec. 203.002. DUTIES OF TREASURER AND COMPTROLLER. (a) The
169-27 treasurer is treasurer and custodian of the compensation fund and
170-1 the special administration fund and shall administer the funds in
170-2 accordance with the directions of the commission.
170-3 (b) The comptroller shall issue warrants on the compensation
170-4 fund in accordance with rules adopted by the commission.
170-5 (c) The comptroller shall issue warrants on the special
170-6 administration fund in accordance with the directions of the
170-7 commission. (V.A.C.S. Arts. 5221b-7(b) (part), 5221b-22a(a)
170-8 (part).)
170-9 Sec. 203.003. TREASURER'S BOND LIABILITY. The treasurer is
170-10 liable on the treasurer's official bond for the faithful
170-11 performance of the treasurer's duties under this subtitle in
170-12 connection with the compensation fund, the administration fund, and
170-13 the special administration fund. This liability is in addition to
170-14 liability on any separate bond that the treasurer may give.
170-15 (V.A.C.S. Arts. 5221b-7(b) (part), 5221b-11(a) (part), 5221b-22a(c)
170-16 (part).)
170-17 Sec. 203.004. DEPOSIT OF FUNDS; EXCEPTION. All money paid
170-18 to the commission under this subtitle:
170-19 (1) shall be deposited in the treasury unless:
170-20 (A) a state or federal law prohibits deposit in
170-21 the treasury; or
170-22 (B) the deposit would result in the loss of any
170-23 federal funds; and
170-24 (2) may be used only for the administration of this
170-25 subtitle. (V.A.C.S. Art. 5221b-9(l).)
170-26 Sec. 203.005. APPLICATION OF OTHER LAW. Money in the
170-27 compensation fund, the administration fund, and the special
171-1 administration fund shall be deposited, administered, and disbursed
171-2 in the same manner and under the same requirements as provided by
171-3 law for other special funds in the state treasury. (V.A.C.S. Arts.
171-4 5221b-7(b) (part), 5221b-11(a) (part), 5221b-22a(c) (part).)
171-5 (Sections 203.006-203.020 reserved for expansion)
171-6 SUBCHAPTER B. UNEMPLOYMENT COMPENSATION FUND
171-7 Sec. 203.021. UNEMPLOYMENT COMPENSATION FUND; SEPARATE
171-8 ACCOUNTS. (a) The unemployment compensation fund is a special
171-9 fund.
171-10 (b) The compensation fund consists of:
171-11 (1) contributions collected under this subtitle;
171-12 (2) interest earned on money in the compensation fund;
171-13 (3) property or securities acquired through the use of
171-14 money in the compensation fund;
171-15 (4) earnings of property or securities described by
171-16 Subdivision (3);
171-17 (5) amounts recovered for losses sustained by the
171-18 compensation fund; and
171-19 (6) other money received for the compensation fund
171-20 from any other source.
171-21 (c) Money in the compensation fund shall be mingled and
171-22 undivided.
171-23 (d) The treasurer shall maintain in the compensation fund:
171-24 (1) a clearing account;
171-25 (2) a federal trust fund account; and
171-26 (3) a benefit account. (V.A.C.S. Arts. 5221b-7(a)
171-27 (part), (b) (part).)
172-1 Sec. 203.022. COMPOSITION AND USE OF CLEARING ACCOUNT. (a)
172-2 On receipt of any money payable to the compensation fund, the
172-3 commission shall forward the money to the treasurer, who shall
172-4 immediately deposit it in the clearing account.
172-5 (b) Except as provided by Section 203.026, money in the
172-6 clearing account, after it has cleared, shall be immediately
172-7 deposited with the United States secretary of the treasury to the
172-8 credit of this state's account in the federal trust fund. This
172-9 section prevails over any conflicting state statute relating to the
172-10 deposit, administration, release, or disbursement of money in the
172-11 possession or custody of this state. (V.A.C.S. Art. 5221b-7(b)
172-12 (part).)
172-13 Sec. 203.023. REQUISITIONS FROM FEDERAL TRUST FUND; BENEFIT
172-14 ACCOUNT. (a) The commission periodically shall requisition from
172-15 the federal trust fund amounts the commission considers necessary
172-16 for the payment of benefits and refunds for a reasonable period.
172-17 The commission may not requisition an amount exceeding the balance
172-18 of this state's account in the federal trust fund.
172-19 (b) The benefit account is composed of money requisitioned
172-20 from this state's account in the federal trust fund.
172-21 (c) On receipt of money requisitioned from the federal trust
172-22 fund, the treasurer shall deposit it in the benefit account.
172-23 (V.A.C.S. Arts. 5221b-7(b) (part), (c) (part).)
172-24 Sec. 203.024. DEPOSITS. (a) Except as otherwise provided
172-25 by this subchapter, the treasurer, under the direction of the
172-26 commission, may deposit money credited to the clearing and benefit
172-27 accounts in a bank or public depository in which general funds of
173-1 this state may be deposited.
173-2 (b) A public deposit insurance charge or premium may not be
173-3 paid out of the compensation fund. (V.A.C.S. Art. 5221b-7(b)
173-4 (part).)
173-5 Sec. 203.025. USE OF REQUISITIONED MONEY. (a) The
173-6 commission shall direct the administration of the compensation fund
173-7 exclusively for the purposes of this subtitle.
173-8 (b) Money requisitioned from this state's account in the
173-9 federal trust fund may be used only for the payment of benefits or
173-10 for refunds as provided by Sections 203.023, 203.026, 203.027, and
173-11 203.203 and by Subchapter B, Chapter 210, and Subchapter E, Chapter
173-12 213, except that money credited to this state's account as provided
173-13 by Section 903, Social Security Act (42 U.S.C. Section 1103), may
173-14 be requisitioned and used by the commission only to the extent and
173-15 under the conditions prescribed by that section. (V.A.C.S. Arts.
173-16 5221b-7(a) (part), (c) (part).)
173-17 Sec. 203.026. ACCOUNTS FROM WHICH BENEFITS AND REFUNDS ARE
173-18 PAID. (a) The comptroller may issue a warrant for a benefit only
173-19 from the benefit account.
173-20 (b) As directed by the commission, the comptroller may issue
173-21 a warrant for a refund as provided by Subchapter E, Chapter 213,
173-22 from the benefit account or the clearing account.
173-23 (c) An expenditure from the benefit account or a refund from
173-24 the clearing account is not subject to a law that requires
173-25 itemization or other formal release by a state officer of money in
173-26 the officer's custody.
173-27 (d) A warrant issued for the payment of a benefit or a
174-1 refund must bear the signatures of:
174-2 (1) the treasurer; and
174-3 (2) a member of the commission or the commission's
174-4 authorized agent for that purpose. (V.A.C.S. Arts. 5221b-7(b)
174-5 (part), (c) (part).)
174-6 Sec. 203.027. UNEXPENDED BALANCE OF BENEFIT ACCOUNT. Money
174-7 requisitioned from the federal trust fund that remains unclaimed or
174-8 unpaid in the benefit account after the end of the period for which
174-9 the money was requisitioned shall be, in the commission's
174-10 discretion:
174-11 (1) deducted from an estimate for the succeeding
174-12 periods and used to pay benefits and refunds in those periods; or
174-13 (2) redeposited in the federal trust fund as provided
174-14 by Section 203.022. (V.A.C.S. Art. 5221b-7(c) (part).)
174-15 Sec. 203.028. SOLVENCY OF COMPENSATION FUND; RESERVE. (a)
174-16 If the commission believes that a change in contribution or benefit
174-17 rates will become necessary to protect the solvency of the
174-18 compensation fund, it shall inform the governor and legislature of
174-19 its belief and when the change will become necessary and shall make
174-20 recommendations for the necessary change.
174-21 (b) The commission, if possible, shall maintain in the
174-22 compensation fund a reserve against the liability to pay benefits
174-23 in future years in excess of current contributions. The commission
174-24 shall create the reserve according to accepted actuarial principles
174-25 using statistics of employment, business activity, and other
174-26 relevant factors for the longest possible period. (V.A.C.S. Art.
174-27 5221b-9(b) (part).)
175-1 Sec. 203.029. REFUND OF CONTRIBUTIONS TO FEDERAL
175-2 INSTRUMENTALITY. If this state is not certified for any year by
175-3 the United States secretary of labor as required under Section
175-4 3304(c), Internal Revenue Code of 1986 (26 U.S.C. Section 3304(c)),
175-5 the commission shall refund from the compensation fund a payment
175-6 required of an instrumentality of the federal government for that
175-7 year in the same manner and within the same period as provided by
175-8 Subchapter E, Chapter 213, for contributions erroneously collected.
175-9 (V.A.C.S. Art. 5221b-17(g)(5)(M) (part).)
175-10 Sec. 203.030. REIMBURSEMENT FROM OR TO COMPENSATION FUND
175-11 UNDER RECIPROCAL ARRANGEMENT. (a) The commission may reimburse a
175-12 state or federal agency from the compensation fund or receive a
175-13 reimbursement from a state or federal agency for the compensation
175-14 fund under an arrangement under Section 211.003.
175-15 (b) A reimbursement paid from the compensation fund under
175-16 this section is a benefit for the purposes of this subtitle.
175-17 (V.A.C.S. Art. 5221b-15a(c).)
175-18 Sec. 203.031. NONLIABILITY OF STATE. Benefits are due and
175-19 payable only to the extent money is available for that purpose in
175-20 the compensation fund. Neither this state nor the commission is
175-21 liable for any amount in excess of the amount in that fund.
175-22 (V.A.C.S. Art. 5221b-16 (part).)
175-23 Sec. 203.032. MANAGEMENT OF COMPENSATION FUND ON
175-24 DISCONTINUANCE OF FEDERAL TRUST FUND. (a) To the extent that a
175-25 provision of this subchapter relates to the federal trust fund, the
175-26 provision is operative only as long as:
175-27 (1) the federal trust fund exists; and
176-1 (2) the United States secretary of the treasury
176-2 maintains for this state a separate book account of all funds
176-3 deposited in the federal trust fund by this state for benefit
176-4 purposes, with this state's proportionate share of the earnings of
176-5 the federal trust fund, from which no other state is permitted to
176-6 make withdrawals.
176-7 (b) If the federal trust fund ceases to exist or the
176-8 secretary of the treasury ceases to maintain a separate book
176-9 account for this state in the federal trust fund, all money,
176-10 property, or securities in the federal trust fund that belong to
176-11 the compensation fund shall be transferred to the treasurer. The
176-12 treasurer shall hold, invest, transfer, deposit, and release the
176-13 money, property, or securities in a manner approved by the
176-14 commission in accordance with this subtitle.
176-15 (c) Money held by the treasurer under Subsection (b) shall
176-16 be invested in readily marketable bonds or other interest-bearing
176-17 obligations of the United States of America. The money shall be
176-18 invested in such a manner that the assets of the compensation fund
176-19 are readily convertible at all times into cash as needed for the
176-20 payment of benefits.
176-21 (d) The treasurer may dispose of securities or other
176-22 property belonging to the compensation fund only under the
176-23 direction of the commission. (V.A.C.S. Art. 5221b-7(e).)
176-24 (Sections 203.033-203.100 reserved for expansion)
176-25 SUBCHAPTER C. ADVANCES FROM FEDERAL TRUST FUND
176-26 Sec. 203.101. LIMIT ON APPLICATION FOR ADVANCE. In any
176-27 application for an advance from the federal trust fund (Section
177-1 1201, Social Security Act (42 U.S.C. Section 1321)), the governor
177-2 shall limit the amount of the application to an amount that, when
177-3 added to previous advances, does not exceed the amount for which
177-4 principal and interest may be paid from taxes on employers.
177-5 (V.A.C.S. Art. 5221b-7c(b).)
177-6 Sec. 203.102. ADVANCE INTEREST TRUST FUND. (a) The advance
177-7 interest trust fund is a trust fund in the custody of the
177-8 treasurer.
177-9 (b) The governor may use money in the advance interest trust
177-10 fund without legislative appropriation to:
177-11 (1) pay interest incurred on advances from the federal
177-12 trust fund; and
177-13 (2) repay temporary transfers of surplus cash that may
177-14 be made between the advance interest trust fund and other funds.
177-15 (V.A.C.S. Art. 5221b-7c(a) (part).)
177-16 Sec. 203.103. TRANSFER OF INCOME FROM ADVANCE INTEREST TRUST
177-17 FUND TO SPECIAL ADMINISTRATION FUND. The treasurer and the
177-18 comptroller shall transfer all income earned after September 1,
177-19 1988, from investment of the advance interest trust fund to the
177-20 special administration fund for the administration of Chapters 51,
177-21 61, and 62. (V.A.C.S. Art. 5221b-7c(a) (part).)
177-22 Sec. 203.104. TRANSFER FROM ADVANCE INTEREST TRUST FUND TO
177-23 COMPENSATION FUND. The governor may authorize the commission to
177-24 transfer money from the advance interest trust fund to the
177-25 compensation fund if the governor:
177-26 (1) on the advice of the commission, determines that
177-27 funds in the compensation fund will be depleted at the time payment
178-1 on an advance from the federal trust fund is due and that depletion
178-2 of the funds will cause the loss of some portion of the credit
178-3 received by employers against their federal unemployment tax rate;
178-4 or
178-5 (2) determines that payment of interest on a federal
178-6 loan may be avoided by keeping the balance of the compensation fund
178-7 positive. (V.A.C.S. Art. 5221b-7c(a) (part).)
178-8 Sec. 203.105. ADDITIONAL TAX. (a) In addition to other
178-9 taxes, a separate tax is imposed on each employer eligible for an
178-10 experience tax rate if after January 1 of a year:
178-11 (1) an interest payment on an advance from the federal
178-12 trust fund will be due; and
178-13 (2) the estimated amount necessary to make the
178-14 interest payment will not be available otherwise.
178-15 (b) The commission shall set the rate of an additional tax
178-16 under this section in an amount sufficient to ensure timely payment
178-17 of interest, but not exceeding two-tenths of one percent. The rate
178-18 applies to the same wage base to which the employer's unemployment
178-19 tax applies for that year.
178-20 (c) An additional tax under this section is due on the date
178-21 set by the commission and is subject to the same penalty for late
178-22 payment as the unemployment tax.
178-23 (d) Revenue from an additional tax under this section shall
178-24 be deposited to the credit of the advance interest trust fund.
178-25 (V.A.C.S. Art. 5221b-7c(d).)
178-26 (Sections 203.106-203.150 reserved for expansion)
178-27 SUBCHAPTER D. ADMINISTRATION FUND
179-1 Sec. 203.151. ADMINISTRATION FUND. (a) The unemployment
179-2 compensation administration fund is a special fund in the state
179-3 treasury.
179-4 (b) The administration fund consists of money:
179-5 (1) appropriated to the administration fund by this
179-6 state;
179-7 (2) received from the United States or any federal
179-8 agency for the administration of this subtitle;
179-9 (3) collected by the commission as fees for furnishing
179-10 photostatic or certified copies of commission records;
179-11 (4) collected by the commission as fees for conducting
179-12 audits under the authority granted by this subtitle;
179-13 (5) received from any federal agency or any agency of
179-14 another state as compensation for services or facilities supplied
179-15 to the agency;
179-16 (6) received under any surety bond or insurance policy
179-17 or from other sources:
179-18 (A) for losses sustained by the administration
179-19 fund; or
179-20 (B) by reason of damage to equipment or supplies
179-21 purchased with money in the administration fund;
179-22 (7) received as proceeds from the sale or disposition
179-23 of equipment or supplies that are no longer necessary for the
179-24 proper administration of this subtitle, if the equipment or
179-25 supplies were purchased with money in the administration fund; and
179-26 (8) received from any other source for the
179-27 administration of this subtitle. (V.A.C.S. Art. 5221b-11(a)
180-1 (part).)
180-2 Sec. 203.152. USE OF ADMINISTRATION FUND. (a) Money
180-3 credited to the administration fund may be used by the commission
180-4 as provided by this subtitle and may not be transferred to any
180-5 other fund.
180-6 (b) Money in the administration fund received from the
180-7 federal government or a federal agency may be spent only for the
180-8 purposes and in the amounts found necessary by the United States
180-9 secretary of labor or that secretary's successor for the proper and
180-10 efficient administration of this subtitle. (V.A.C.S. Art.
180-11 5221b-11(a) (part).)
180-12 Sec. 203.153. EMPLOYMENT SERVICE FINANCING. Money received
180-13 by the state under the Wagner-Peyser Act (29 U.S.C. Section 49 et
180-14 seq.) shall be deposited to the credit of the employment service
180-15 account of the administration fund. The money in the account may
180-16 be used by the commission as provided by Subchapter F of Chapter
180-17 202 and the Wagner-Peyser Act. (V.A.C.S. Art. 5221b-10(b) (part).)
180-18 Sec. 203.154. REIMBURSEMENT OF ADMINISTRATION FUND. (a) If
180-19 the United States secretary of labor or that secretary's successor
180-20 finds that money received from the secretary or the secretary's
180-21 successor under Title III of the Social Security Act (42 U.S.C.
180-22 Section 501 et seq.) or any other federal money granted to the
180-23 commission for the administration of this subtitle has been lost or
180-24 spent for a purpose other than, or in an amount in excess of, that
180-25 found necessary for the proper administration of this subtitle by
180-26 the secretary or the secretary's successor, the money shall be
180-27 replaced by money appropriated for that purpose from the general
181-1 funds of this state to the administration fund for expenditure as
181-2 provided by Section 203.152.
181-3 (b) On receipt of notice that the secretary or the
181-4 secretary's successor has made a determination described in
181-5 Subsection (a), the commission shall promptly report the amount
181-6 needed for reimbursement to the governor. The governor, at the
181-7 earliest opportunity, shall submit to the legislature a request for
181-8 the appropriation of that amount. (V.A.C.S. Art. 5221b-11(c).)
181-9 (Sections 203.155-203.200 reserved for expansion)
181-10 SUBCHAPTER E. SPECIAL ADMINISTRATION FUND
181-11 Sec. 203.201. SPECIAL ADMINISTRATION FUND. (a) The
181-12 unemployment compensation special administration fund is a special
181-13 fund.
181-14 (b) The special administration fund consists of:
181-15 (1) all interest and penalties collected under this
181-16 subtitle;
181-17 (2) any amounts received under any surety bond for
181-18 losses sustained by the special administration fund; and
181-19 (3) money transferred under Section 203.103.
181-20 (V.A.C.S. Arts. 5221b-12(c)(1) (part), (2) (part); 5221b-22a(a)
181-21 (part), (c) (part).)
181-22 Sec. 203.202. USE OF SPECIAL ADMINISTRATION FUND. (a)
181-23 Money in the special administration fund may be spent in accordance
181-24 with this subtitle and may be used:
181-25 (1) to pay the cost of reimbursing the benefit account
181-26 in the compensation fund for benefits paid to former employees of
181-27 this state that are based on service for this state, and the cost
182-1 of construction and purchase of buildings and land necessary for
182-2 that administration;
182-3 (2) in the administration of Chapters 51, 61, and 62
182-4 as provided by Section 203.103;
182-5 (3) for payment of interest on advances from the
182-6 federal trust fund;
182-7 (4) as a revolving fund to cover expenditures that are
182-8 necessary and proper under this subtitle and for which federal
182-9 funds have been requested but not received, subject to the charging
182-10 of the expenditures against the federal funds when received; and
182-11 (5) to refund a penalty as provided by Section
182-12 203.203.
182-13 (b) Money in the special administration fund may not be
182-14 spent in any manner that would permit its substitution for, or a
182-15 corresponding reduction in, federal funds that would, in the
182-16 absence of that money, be available to finance expenditures for the
182-17 administration of this subtitle.
182-18 (c) The commission by a resolution entered in its minutes
182-19 may authorize to be charged against the special administration fund
182-20 any expenditure the commission considers proper in the interest of
182-21 good administration of this subtitle if the resolution states that
182-22 no other funds are available for the expenditure. (V.A.C.S. Arts.
182-23 5221b-7c(c), 5221b-22a(a) (part).)
182-24 Sec. 203.203. REFUND OF PENALTIES. A refund under
182-25 Subchapter E, Chapter 213, of a penalty that has been erroneously
182-26 collected and deposited to the credit of the special administration
182-27 fund shall be made, without interest, from the special
183-1 administration fund. (V.A.C.S. Arts. 5221b-7(b) (part),
183-2 5221b-22a(c) (part).)
183-3 CHAPTER 204. CONTRIBUTIONS
183-4 SUBCHAPTER A. GENERAL PROVISIONS
183-5 Sec. 204.001. DEFINITION
183-6 Sec. 204.002. CONTRIBUTION REQUIRED
183-7 Sec. 204.003. CONTRIBUTION NOT DEDUCTED FROM WAGES
183-8 Sec. 204.004. ASSIGNMENT TO MAJOR GROUP
183-9 Sec. 204.005. ESTABLISHMENT OF MAJOR GROUP CONTRIBUTION
183-10 RATE
183-11 Sec. 204.006. INITIAL CONTRIBUTION RATE
183-12 Sec. 204.007. SPECIAL RATE--COTTON GINNING EMPLOYER
183-13 Sec. 204.008. TIME BENEFITS ARE PAID
183-14 Sec. 204.009. APPLICATION TO LABOR AGENT
183-15 (Sections 204.010-204.020 reserved for expansion)
183-16 SUBCHAPTER B. CHARGEBACKS
183-17 Sec. 204.021. CHARGEBACKS
183-18 Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS
183-19 Sec. 204.023. NOTICE SENT AT TIME BENEFITS PAID
183-20 Sec. 204.024. PROTEST OF POTENTIAL CHARGEBACKS
183-21 Sec. 204.025. DECISION AND ADMINISTRATIVE REVIEW OF PROTEST
183-22 Sec. 204.026. JUDICIAL REVIEW OF PROTEST
183-23 Sec. 204.027. NOTICE, PROTEST, AND APPEAL--NOTICE SENT AT TIME
183-24 OF CLAIM
183-25 (Sections 204.028-204.040 reserved for expansion)
183-26 SUBCHAPTER C. GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
183-27 Sec. 204.041. TAX ON EXPERIENCE-RATED EMPLOYERS
184-1 Sec. 204.042. TAX RATE TABLE
184-2 Sec. 204.043. EXTENSION OF TAX RATE TABLE UP TO SIX
184-3 PERCENT
184-4 Sec. 204.044. BENEFIT RATIO
184-5 Sec. 204.045. REPLENISHMENT RATIO
184-6 Sec. 204.046. EFFECTIVELY CHARGED BENEFITS
184-7 Sec. 204.047. TAX RATE COMPUTATION DATE FOR EXPERIENCE
184-8 TAX RATE
184-9 (Sections 204.048-204.060 reserved for expansion)
184-10 SUBCHAPTER D. ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED
184-11 EMPLOYERS
184-12 Sec. 204.061. CEILING AND FLOOR OF COMPENSATION FUND
184-13 Sec. 204.062. REPLENISHMENT TAX
184-14 Sec. 204.063. DEFICIT TAX
184-15 Sec. 204.064. DEFICIT RATIO
184-16 Sec. 204.065. CREDIT
184-17 Sec. 204.066. SURPLUS RATIO
184-18 (Sections 204.067-204.080 reserved for expansion)
184-19 SUBCHAPTER E. ACQUISITION OF EXPERIENCE-RATED EMPLOYER
184-20 Sec. 204.081. DEFINITION
184-21 Sec. 204.082. EFFECTIVE DATE OF ACQUISITION
184-22 Sec. 204.083. ACQUISITION OF ALL OF EXPERIENCE-RATED
184-23 ORGANIZATION, TRADE, OR BUSINESS
184-24 Sec. 204.084. ACQUISITION OF PART OF EXPERIENCE-RATED
184-25 ORGANIZATION, TRADE, OR BUSINESS: APPROVAL
184-26 OF TRANSFER OF COMPENSATION EXPERIENCE
184-27 Sec. 204.085. CONTRIBUTION RATE FOR SUCCESSOR EMPLOYER
185-1 Sec. 204.086. COLLECTION OF CONTRIBUTION, PENALTY, OR INTEREST
185-2 FROM SUCCESSOR EMPLOYER
185-3 (Sections 204.087-204.100 reserved for expansion)
185-4 SUBCHAPTER F. SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
185-5 Sec. 204.101. CONTRIBUTION FROM GOVERNMENTAL EMPLOYER
185-6 Sec. 204.102. CONTRIBUTION NOT DEDUCTION FROM WAGES
185-7 Sec. 204.103. RATE OF CONTRIBUTIONS FOR GOVERNMENTAL
185-8 EMPLOYERS
185-9 Sec. 204.104. ACCOUNTING FOR GOVERNMENTAL EMPLOYERS
185-10 Sec. 204.105. PAST DUE CONTRIBUTIONS
185-11 Sec. 204.106. REPORTS AND RECORDS
185-12 CHAPTER 204. CONTRIBUTIONS
185-13 SUBCHAPTER A. GENERAL PROVISIONS
185-14 Sec. 204.001. DEFINITION. In this chapter, "manual" means
185-15 the Standard Industrial Classification Manual published by the
185-16 United States Office of Management and Budget. (V.A.C.S. Art.
185-17 5221b-5(c)(1) (part).)
185-18 Sec. 204.002. CONTRIBUTION REQUIRED. (a) An employer shall
185-19 pay a contribution on wages for employment paid during a calendar
185-20 year or the portion of the calendar year in which the employer is
185-21 subject to this subtitle.
185-22 (b) The contribution shall be paid to the commission in
185-23 accordance with rules adopted by the commission. (V.A.C.S. Art.
185-24 5221b-5(a) (part).)
185-25 Sec. 204.003. CONTRIBUTION NOT DEDUCTED FROM WAGES. An
185-26 employer may not deduct any part of a contribution from the wages
185-27 of an individual in the employer's employ. (V.A.C.S. Art.
186-1 5221b-5(a) (part).)
186-2 Sec. 204.004. ASSIGNMENT TO MAJOR GROUP. The commission
186-3 shall assign each employer to a major group in accordance with the
186-4 definitions contained in the manual. (V.A.C.S. Art. 5221b-5(c)(1)
186-5 (part).)
186-6 Sec. 204.005. ESTABLISHMENT OF MAJOR GROUP CONTRIBUTION
186-7 RATE. (a) For each calendar year, the commission shall establish
186-8 by industry an average contribution rate for each major group.
186-9 (b) The commission shall determine the year's contribution
186-10 rate for an industry by averaging the contribution rates paid by
186-11 employers in that industry during the preceding year ending on
186-12 September 30, as shown by the employment records maintained by the
186-13 commission. (V.A.C.S. Art. 5221b-5(c)(1) (part).)
186-14 Sec. 204.006. INITIAL CONTRIBUTION RATE. (a) A person's
186-15 contribution rate for the calendar year in which the person becomes
186-16 an employer is the greater of:
186-17 (1) the rate established for that year for the major
186-18 group to which the employer is assigned under Section 204.004; or
186-19 (2) two and seven-tenths percent.
186-20 (b) A rate established under Subsection (a) applies to the
186-21 employer until the date the experience rate computed under Section
186-22 204.041 takes effect for the employer. (V.A.C.S. Art.
186-23 5221b-5(c)(1) (part).)
186-24 Sec. 204.007. SPECIAL RATE--COTTON GINNING EMPLOYER. (a)
186-25 An employer identified by the commission as classified in the
186-26 manual as Number 0724, cotton ginning, may elect to pay a
186-27 contribution at a total fixed rate of five and four-tenths percent
187-1 instead of paying a contribution computed on:
187-2 (1) the general tax rate applicable to that employer,
187-3 with the deficit tax rate and replenishment tax rate; or
187-4 (2) any other tax rate applicable to that employer
187-5 under this subtitle.
187-6 (b) An employer must notify the commission of an election
187-7 under this section in writing not later than December 31 preceding
187-8 the year for which the election is made. (V.A.C.S. Art.
187-9 5221b-5(c)(9).)
187-10 Sec. 204.008. TIME BENEFITS ARE PAID. For the purpose of
187-11 this chapter, benefits are paid at the time the claim for the
187-12 benefits is certified by the commission to the comptroller for
187-13 payment. (V.A.C.S. Art. 5221b-5(c)(3).)
187-14 Sec. 204.009. APPLICATION TO LABOR AGENT. (a) A labor
187-15 agent who furnishes a farm and ranch laborer is liable for the
187-16 payment of a tax under this subtitle as if the labor agent were the
187-17 employer of the laborer, without regard to any factor used to
187-18 determine an employer-employee relationship, including the right of
187-19 control.
187-20 (b) If a labor agent does not pay the tax in accordance with
187-21 this subtitle, a person who contracts with the labor agent for the
187-22 services of a farm and ranch laborer is jointly and severally
187-23 liable with the labor agent for payment of the tax under this
187-24 subtitle as an employer.
187-25 (c) A labor agent shall notify each person with whom the
187-26 labor agent contracts whether the labor agent pays the tax under
187-27 this subtitle.
188-1 (d) A labor agent who pays the tax shall present evidence of
188-2 payment to each person with whom the labor agent contracts.
188-3 (e) In this section, "labor agent" means a person who is a
188-4 farm labor contractor under the Migrant and Seasonal Agricultural
188-5 Worker Protection Act (29 U.S.C. Section 1801 et seq.). (V.A.C.S.
188-6 Art. 5221b-17(f)(8)(D) (part).)
188-7 (Sections 204.010-204.020 reserved for expansion)
188-8 SUBCHAPTER B. CHARGEBACKS
188-9 Sec. 204.021. CHARGEBACKS. (a) The amount of benefits paid
188-10 to a claimant for a benefit year shall be charged to the accounts
188-11 of each of the claimant's employers during the claimant's base
188-12 period. The chargebacks of an employer for a calendar quarter are
188-13 the benefits paid to all of the employer's employees or former
188-14 employees during that quarter.
188-15 (b) The chargeback of benefits of a claimant who has two or
188-16 more employers during the claimant's base period is allocated among
188-17 those employers according to the proportion of the total of the
188-18 claimant's benefit wage credits paid during the base period by each
188-19 employer. (V.A.C.S. Art. 5221b-5(c)(2)(A) (part).)
188-20 Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS. (a) Benefits
188-21 computed on benefit wage credits of an employee or former employee
188-22 may not be charged to the account of an employer if the employee's
188-23 last separation from the employer's employment before the
188-24 employee's benefit year:
188-25 (1) was required by a federal statute;
188-26 (2) was required by a statute of this state or an
188-27 ordinance of a municipality of this state;
189-1 (3) would have disqualified the employee under Section
189-2 207.044, 207.045, or 207.053 if the employment had been the
189-3 employee's last work;
189-4 (4) imposes a disqualification under Section 207.044,
189-5 207.045, or 207.053;
189-6 (5) was caused by a medically verifiable illness of
189-7 the employee or the employee's minor child;
189-8 (6) was based on a natural disaster that results in a
189-9 disaster declaration by the president of the United States under
189-10 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
189-11 (42 U.S.C. Section 5121 et seq.), if the employee would have been
189-12 entitled to unemployment assistance benefits under Section 410 of
189-13 that act (42 U.S.C. Section 5177) had the employee not received
189-14 state unemployment compensation benefits;
189-15 (7) was caused by a natural disaster, fire, flood, or
189-16 explosion that causes employees to be separated from one employer's
189-17 employment; or
189-18 (8) resulted from the employee's resigning from
189-19 partial employment to accept other employment that the employee
189-20 reasonably believed would increase the employee's weekly wage.
189-21 (b) For the purpose of this section, if an employee's last
189-22 separation from the employment of an employer is a separation for
189-23 which the employee was determined to have been disqualified under
189-24 Section 207.048, the employee's last separation from the employment
189-25 of that employer is considered to be the next later separation from
189-26 the employment of that employer. (V.A.C.S. Art. 5221b-5(c)(2)(A)
189-27 (part).)
190-1 Sec. 204.023. NOTICE SENT AT TIME BENEFITS PAID. The
190-2 commission shall mail to an employer a notice of the employer's
190-3 maximum potential chargebacks when benefits are first paid if:
190-4 (1) notice of an initial claim has not already been
190-5 mailed to the employer under Section 208.002; and
190-6 (2) the employer's account is potentially chargeable
190-7 with benefits as a result of the initial claim and payment of
190-8 benefits. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
190-9 Sec. 204.024. PROTEST OF POTENTIAL CHARGEBACKS. To protest
190-10 a potential chargeback, an employer to whom notice is mailed under
190-11 Section 204.023 must mail to the commission at Austin a protest not
190-12 later than the 14th day after the date the notice was mailed or the
190-13 right to protest the chargeback is waived. The protest must
190-14 include a statement of the facts supporting the grounds of the
190-15 protest. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
190-16 Sec. 204.025. DECISION AND ADMINISTRATIVE REVIEW OF PROTEST.
190-17 (a) An examiner promptly shall decide the issues involved in a
190-18 timely protest filed under Section 204.024 and shall mail a notice
190-19 of the decision to the protesting employer.
190-20 (b) The examiner's decision becomes final 14 days from the
190-21 date the examiner mails the notice unless before that date the
190-22 employer mails to the commission at Austin a written appeal from
190-23 the examiner's decision.
190-24 (c) Administrative review under this section must be in
190-25 accordance with the rules of the commission. (V.A.C.S. Art.
190-26 5221b-5(c)(2)(B) (part).)
190-27 Sec. 204.026. JUDICIAL REVIEW OF PROTEST. (a) An employer
191-1 may appeal an administrative determination made under Section
191-2 204.025 after the employer has exhausted the employer's
191-3 administrative remedies, not including a motion for rehearing,
191-4 before the commission. An appeal must be filed within the time
191-5 prescribed by Sections 212.153 and 212.201 for commission decisions
191-6 on benefits.
191-7 (b) An appeal to a court relating to a chargeback has the
191-8 same venue and jurisdiction as a suit to collect contributions and
191-9 penalties under this subtitle. (V.A.C.S. Art. 5221b-5(c)(2)(B)
191-10 (part).)
191-11 Sec. 204.027. NOTICE, PROTEST, AND APPEAL--NOTICE SENT AT
191-12 TIME OF CLAIM. (a) If notice of the claim was sent to an employer
191-13 under Section 208.002, the commission shall mail the employer a
191-14 notice of the amount of the employer's potential chargeback
191-15 resulting from the claim.
191-16 (b) The employer may protest a clerical or machine error
191-17 relating to the amount of the chargeback not later than the 14th
191-18 day after the date the notice was mailed.
191-19 (c) The commission shall mail a decision on the protest to
191-20 the employer.
191-21 (d) An employer may appeal the decision on the protest not
191-22 later than the 14th day after the date notice of the decision is
191-23 mailed to the employer. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
191-24 (Sections 204.028-204.040 reserved for expansion)
191-25 SUBCHAPTER C. GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
191-26 Sec. 204.041. TAX ON EXPERIENCE-RATED EMPLOYERS. (a) Each
191-27 employer whose account has been chargeable with benefits throughout
192-1 four or more consecutive calendar quarters shall pay contributions
192-2 at the rate prescribed by the table in Section 204.042 or a table
192-3 extended under Section 204.043.
192-4 (b) Except as provided by Subsection (c), a change in the
192-5 rate applicable to an employer takes effect on January 1.
192-6 (c) The rate for an employer who becomes subject to
192-7 contributions under Subsection (a) for the first time at the close
192-8 of a calendar quarter takes effect on the first day of the next
192-9 calendar quarter and continues in effect until the January 1 of the
192-10 next calendar year. (V.A.C.S. Arts. 5221b-5(c)(1) (part), (6)(A)
192-11 (part), (d) (part).)
192-12 Sec. 204.042. TAX RATE TABLE.
192-13 If the
192-14 replenishment and the employer's benefit ratio
192-15 ratio is does not exceed:
192-16 1.00 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90
192-17 . . .
192-18 1.20 0.00 0.08 0.16 0.25 0.33 0.41 0.50 0.58 0.66 0.75
192-19 1.21 0.00 0.08 0.16 0.24 0.33 0.41 0.49 0.57 0.66 0.74
192-20 1.22 0.00 0.08 0.16 0.24 0.32 0.40 0.49 0.57 0.65 0.73
192-21 1.23 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.65 0.73
192-22 1.24 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.64 0.72
192-23 1.25 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.64 0.72
192-24 1.26 0.00 0.07 0.15 0.23 0.31 0.39 0.47 0.55 0.63 0.71
192-25 1.27 0.00 0.07 0.15 0.23 0.31 0.39 0.47 0.55 0.62 0.70
192-26 1.28 0.00 0.07 0.15 0.23 0.31 0.39 0.46 0.54 0.62 0.70
192-27 1.29 0.00 0.07 0.15 0.23 0.31 0.38 0.46 0.54 0.62 0.69
193-1 1.30 0.00 0.07 0.15 0.23 0.30 0.38 0.46 0.53 0.61 0.69
193-2 1.31 0.00 0.07 0.15 0.22 0.30 0.38 0.45 0.53 0.61 0.68
193-3 1.32 0.00 0.07 0.15 0.22 0.30 0.37 0.45 0.53 0.60 0.68
193-4 1.33 0.00 0.07 0.15 0.22 0.30 0.37 0.45 0.53 0.60 0.67
193-5 1.34 0.00 0.07 0.14 0.22 0.29 0.37 0.44 0.52 0.59 0.67
193-6 1.35 0.00 0.07 0.14 0.22 0.29 0.37 0.44 0.51 0.59 0.66
193-7 1.36 0.00 0.07 0.14 0.22 0.29 0.36 0.44 0.51 0.58 0.66
193-8 1.37 0.00 0.07 0.14 0.21 0.29 0.36 0.43 0.51 0.58 0.65
193-9 1.38 0.00 0.07 0.14 0.21 0.28 0.36 0.43 0.50 0.57 0.65
193-10 1.39 0.00 0.07 0.14 0.21 0.28 0.35 0.43 0.50 0.57 0.64
193-11 1.40 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.50 0.57 0.64
193-12 1.41 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.49 0.56 0.63
193-13 1.42 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.49 0.56 0.63
193-14 1.43 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-15 1.44 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-16 1.45 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-17 1.46 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.47 0.54 0.62
193-18 1.47 0.00 0.06 0.13 0.20 0.27 0.34 0.40 0.47 0.54 0.61
193-19 1.48 0.00 0.06 0.13 0.20 0.27 0.33 0.40 0.47 0.54 0.60
193-20 1.49 0.00 0.06 0.13 0.20 0.26 0.33 0.40 0.46 0.53 0.60
193-21 1.50 0.00 0.06 0.13 0.20 0.26 0.33 0.40 0.46 0.53 0.60
193-22 1.51 0.00 0.06 0.13 0.19 0.26 0.33 0.39 0.46 0.52 0.59
193-23 1.52 0.00 0.06 0.13 0.19 0.26 0.32 0.39 0.46 0.52 0.59
193-24 1.53 0.00 0.06 0.13 0.19 0.26 0.32 0.39 0.45 0.52 0.58
193-25 1.54 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.45 0.51 0.58
193-26 1.55 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.45 0.51 0.58
193-27 1.56 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.44 0.51 0.57
194-1 1.57 0.00 0.06 0.12 0.19 0.25 0.31 0.38 0.44 0.50 0.57
194-2 1.58 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.44 0.50 0.56
194-3 1.59 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.44 0.50 0.56
194-4 1.60 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.43 0.50 0.56
194-5 the employer's tax rate is:
194-6 0.00% 0.1% 0.2% 0.3% 0.4% 0.5% 0.6% 0.7% 0.8% 0.9%
194-7 (V.A.C.S. Art. 5221b-5(c)(6)(A) (part).)
194-8 Sec. 204.043. EXTENSION OF TAX RATE TABLE UP TO SIX PERCENT.
194-9 (a) The commission shall extend the table in Section 204.042 by
194-10 providing additional replenishment ratios, benefit ratios, and tax
194-11 rates up to six percent.
194-12 (b) In extending the table in Section 204.042, the
194-13 commission shall use the same mathematical principles used in
194-14 constructing the table. (V.A.C.S. Art. 5221b-5(c)(6)(A) (part).)
194-15 Sec. 204.044. BENEFIT RATIO. (a) The benefit ratio for an
194-16 employer is equal to the total amounts of the employer's
194-17 chargebacks for the 36 consecutive months preceding the tax rate
194-18 computation date divided by the total of the employer's taxable
194-19 wages for the same months.
194-20 (b) The benefit ratio of an employer whose account has been
194-21 chargeable with benefits for less than 36 consecutive months but
194-22 throughout each month of at least four calendar quarters is equal
194-23 to the total amount of the employer's chargebacks for those months
194-24 preceding the tax rate computation date divided by the total of the
194-25 employer's taxable wages for those months.
194-26 (c) In computing the benefit ratio, only taxable wages on
194-27 which contributions have been paid to the commission not later than
195-1 the last day of the month in which the computation date occurs may
195-2 be used.
195-3 (d) The benefit ratio is expressed as a percentage.
195-4 (V.A.C.S. Art. 5221b-5(c)(4).)
195-5 Sec. 204.045. REPLENISHMENT RATIO. (a) The replenishment
195-6 ratio for a calendar year is computed by:
195-7 (1) dividing the numerator described in Subsection (b)
195-8 by the denominator described in Subsection (c); and
195-9 (2) rounding the result to the nearest hundredth.
195-10 (b) The numerator is equal to the amount of benefits paid
195-11 during the 12 months ending September 30 of the preceding year that
195-12 are effectively charged to employers' accounts, plus one-half of
195-13 the amount of benefits paid during that period that are not
195-14 effectively charged to employers' accounts. In computing the
195-15 amount of the benefits charged or paid, the commission shall not
195-16 include the amount of:
195-17 (1) a canceled benefit warrant;
195-18 (2) that part of a benefit that has been overpaid and
195-19 been repaid; or
195-20 (3) benefits paid that are repayable from a
195-21 reimbursing employer, the federal government, or another
195-22 governmental entity.
195-23 (c) The denominator is the total amount of benefits paid
195-24 during the 12 months ending September 30 of the preceding year that
195-25 are effectively charged to employers' accounts.
195-26 (d) The commission shall compute the replenishment ratio for
195-27 each calendar year before the date the first contribution payment
196-1 with respect to wages for employment paid in that year is due.
196-2 Once computed for the year, the replenishment ratio may not be
196-3 adjusted. (V.A.C.S. Art. 5221b-5(c)(5) (part).)
196-4 Sec. 204.046. EFFECTIVELY CHARGED BENEFITS. (a) A benefit
196-5 is not effectively charged if it is:
196-6 (1) not charged to an employer's account;
196-7 (2) charged to an employer's account after the
196-8 employer has reached maximum liability because of the maximum tax
196-9 rate; or
196-10 (3) charged to an employer's account but considered
196-11 not collectible.
196-12 (b) A benefit not described in Subsection (a) is effectively
196-13 charged. (V.A.C.S. Art. 5221b-5(c)(5) (part).)
196-14 Sec. 204.047. TAX RATE COMPUTATION DATE FOR EXPERIENCE TAX
196-15 RATE. (a) The computation date for the tax rate for the
196-16 contribution under Section 204.041 is October 1 of the year
196-17 preceding the calendar year in which the rate takes effect, except
196-18 as provided by Subsection (b).
196-19 (b) The computation date for the tax rate for the
196-20 contribution under Section 204.041(a) for an employer who becomes
196-21 subject to that tax rate for the first time is the date on which
196-22 the rate takes effect under Section 204.041(c). (V.A.C.S. Art.
196-23 5221b-5(d) (part).)
196-24 (Sections 204.048-204.060 reserved for expansion)
196-25 SUBCHAPTER D. ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED
196-26 EMPLOYERS
196-27 Sec. 204.061. CEILING AND FLOOR OF COMPENSATION FUND. In
197-1 computing the tax rates under this subchapter:
197-2 (1) the ceiling of the compensation fund is two
197-3 percent of the total taxable wages for the four calendar quarters
197-4 ending the preceding June 30; and
197-5 (2) the floor of the compensation fund is equal to the
197-6 greater of:
197-7 (A) $400 million; or
197-8 (B) one percent of the total taxable wages for
197-9 the four calendar quarters ending the preceding June 30. (V.A.C.S.
197-10 Arts. 5221b-5(c)(6)(B) (part), (D) (part).)
197-11 Sec. 204.062. REPLENISHMENT TAX. (a) In addition to the
197-12 general tax computed under Subchapter C, an employer entitled to an
197-13 experience rate shall pay a replenishment tax at the rate computed
197-14 by:
197-15 (1) dividing the numerator described by Subsection (b)
197-16 by the denominator described by Subsection (c);
197-17 (2) dividing that result by 100 to obtain a
197-18 percentage; and
197-19 (3) rounding that result to the nearest hundredth.
197-20 (b) The numerator is an amount equal to one-half of the
197-21 amount of benefits paid by all employers during the 12 months
197-22 ending the preceding September 30 that are not effectively charged.
197-23 (c) The denominator is an amount equal to the taxable wages
197-24 paid by all employers during the four quarters ending the preceding
197-25 June 30. (V.A.C.S. Art. 5221b-5(c)(8).)
197-26 Sec. 204.063. DEFICIT TAX. (a) If the amount of money in
197-27 the compensation fund on a tax rate computation date is less than
198-1 the floor of the compensation fund, a deficit tax rate is added for
198-2 the next calendar year to the general tax rate for each employer
198-3 entitled to an experience rate for that year.
198-4 (b) The deficit tax rate for a calendar year is the lesser
198-5 of:
198-6 (1) the rate computed by multiplying the deficit
198-7 ratio, as computed under Section 204.064, by the sum of the
198-8 employer's general tax rate, the replenishment tax rate, and the
198-9 deficit tax rate for the previous calendar year; or
198-10 (2) two percent. (V.A.C.S. Art. 5221b-5(c)(6)(B)
198-11 (part).)
198-12 Sec. 204.064. DEFICIT RATIO. (a) The deficit ratio is
198-13 computed by:
198-14 (1) dividing the numerator computed under Subsection
198-15 (b) by the denominator described by Subsection (c); and
198-16 (2) rounding that result to the nearest hundredth.
198-17 (b) The numerator is computed by subtracting the balance of
198-18 the compensation fund, considering any federal advance or other
198-19 liability of the fund, from the floor of the compensation fund.
198-20 (c) The denominator is the amount of contributions due under
198-21 the general tax rate and the replenishment rate for the four
198-22 calendar quarters ending the preceding September 30 from employers
198-23 entitled to an experience rate on the tax rate computation date.
198-24 (V.A.C.S. Art. 5221b-5(c)(6)(C).)
198-25 Sec. 204.065. CREDIT. (a) If the amount in the
198-26 compensation fund on a tax rate computation date is more than the
198-27 ceiling of the compensation fund, an employer entitled to an
199-1 experience rate on the computation date is entitled to a credit to
199-2 be applied beginning with contributions for the first quarter of
199-3 the following year.
199-4 (b) The amount of the credit is computed by multiplying the
199-5 surplus ratio computed under Section 204.066 by the employer's
199-6 contributions due for the four calendar quarters ending the
199-7 preceding September 30.
199-8 (c) An employer may not apply a credit against delinquent
199-9 contributions. A credit may not be applied until the employer has
199-10 paid any delinquent contributions. (V.A.C.S. Arts.
199-11 5221b-5(c)(6)(D) (part), (F).)
199-12 Sec. 204.066. SURPLUS RATIO. (a) The surplus ratio is
199-13 computed by:
199-14 (1) dividing the numerator computed under Subsection
199-15 (b) by the denominator described by Subsection (c); and
199-16 (2) rounding that result to the nearest hundredth.
199-17 (b) The numerator is computed by subtracting the ceiling of
199-18 the compensation fund from the balance of the compensation fund.
199-19 (c) The denominator is the amount of contributions due for
199-20 the four calendar quarters ending the preceding September 30 from
199-21 employers entitled to an experience rate on the tax rate
199-22 computation date. (V.A.C.S. Art. 5221b-5(c)(6)(E).)
199-23 (Sections 204.067-204.080 reserved for expansion)
199-24 SUBCHAPTER E. ACQUISITION OF EXPERIENCE-RATED EMPLOYER
199-25 Sec. 204.081. DEFINITION. In this subchapter, "compensation
199-26 experience" includes the period that benefit wage credits or
199-27 benefits have been chargeable and any other factor under Subchapter
200-1 A, B, C, or D necessary to the computation of experience rating
200-2 under those subchapters. (V.A.C.S. Art. 5221b-5(c)(7)(E).)
200-3 Sec. 204.082. EFFECTIVE DATE OF ACQUISITION. For purposes
200-4 of this subchapter, an acquisition is effective on the first day of
200-5 the calendar quarter in which the acquisition occurs. (V.A.C.S.
200-6 Art. 5221b-5(c)(7)(F).)
200-7 Sec. 204.083. ACQUISITION OF ALL OF EXPERIENCE-RATED
200-8 ORGANIZATION, TRADE, OR BUSINESS. An employing unit that acquires
200-9 all of the organization, trade, or business of an employer and that
200-10 continues operation of the organization, trade, or business
200-11 acquires the compensation experience of the predecessor employer if
200-12 on the date of the acquisition, a shareholder, officer, or other
200-13 owner of a legal or equitable interest in the predecessor employer,
200-14 or the spouse or a person within the first degree of consanguinity
200-15 or affinity, as determined under Article 5996h, Revised Statutes,
200-16 of the shareholder, officer, or other owner:
200-17 (1) is a shareholder, officer, or other owner of a
200-18 legal or equitable interest in the successor employing unit; or
200-19 (2) holds an option to purchase a legal or equitable
200-20 interest in the successor employing unit. (V.A.C.S. Arts.
200-21 5221b-5(c)(7)(A)(i), (iii).)
200-22 Sec. 204.084. ACQUISITION OF PART OF EXPERIENCE-RATED
200-23 ORGANIZATION, TRADE, OR BUSINESS: APPROVAL OF TRANSFER OF
200-24 COMPENSATION EXPERIENCE. (a) If an employing unit acquires a part
200-25 of the organization, trade, or business of an employer, the
200-26 successor employing unit and the predecessor employer may jointly
200-27 make a written application to the commission to transfer the
201-1 compensation experience of the predecessor employer that is
201-2 attributable to the part of the organization, trade, or business
201-3 acquired to the successor employing unit.
201-4 (b) If the acquisition results from the death of the
201-5 predecessor employer, the requirement that the predecessor employer
201-6 join in the application for transfer of the compensation experience
201-7 does not apply.
201-8 (c) The commission shall approve an application if:
201-9 (1) immediately after the acquisition the successor
201-10 employing unit continues operation of substantially the same part
201-11 of the organization, trade, or business acquired;
201-12 (2) the predecessor employer waives in writing all
201-13 rights to an experience rating computed on the compensation
201-14 experience attributable to the part of the organization, trade, or
201-15 business acquired by the successor employing unit, unless the
201-16 acquisition results from the death of the predecessor employer;
201-17 (3) a definitely identifiable and segregable part of
201-18 the predecessor employer's compensation experience is attributable
201-19 to the part of the organization, trade, or business acquired; and
201-20 (4) for a successor employing unit that is not an
201-21 employer at the time of the acquisition, the successor employing
201-22 unit elects to become an employer on the date of the acquisition or
201-23 otherwise becomes an employer during the year in which the
201-24 acquisition occurs. (V.A.C.S. Arts. 5221b-5(c)(7)(B), (D).)
201-25 Sec. 204.085. CONTRIBUTION RATE FOR SUCCESSOR EMPLOYER. (a)
201-26 A successor employing unit that is subject to Section 204.083 or
201-27 204.084 and is an experience-rated employer on the date of the
202-1 acquisition shall pay contributions from the date of the
202-2 acquisition until the end of the calendar year in which the
202-3 acquisition occurred at the rate applicable to the successor
202-4 employing unit on the date of the acquisition.
202-5 (b) A successor employing unit that is subject to Section
202-6 204.083 or 204.084 and is not an experience-rated employer on the
202-7 date of the acquisition shall pay contributions from the date of
202-8 the acquisition until the next tax rate computation date at the
202-9 highest rate applicable at the time of the acquisition to any
202-10 predecessor employer who is a party to the acquisition. (V.A.C.S.
202-11 Arts. 5221b-5(c)(7)(A)(ii), (C).)
202-12 Sec. 204.086. COLLECTION OF CONTRIBUTION, PENALTY, OR
202-13 INTEREST FROM SUCCESSOR EMPLOYER. (a) An individual or employing
202-14 unit that acquires the organization, trade, or business or
202-15 substantially all of the assets of an organization, trade, or
202-16 business of an employer who, at the time of the acquisition, is
202-17 indebted to the commission for a contribution, a penalty, or
202-18 interest, is liable to the commission for prompt payment of the
202-19 contribution, penalty, or interest.
202-20 (b) If not paid, the commission may bring suit for the
202-21 collection of a contribution, a penalty, or interest as though the
202-22 contribution, penalty, or interest had been incurred by the
202-23 successor employer. (V.A.C.S. Art. 5221b-12(o).)
202-24 (Sections 204.087-204.100 reserved for expansion)
202-25 SUBCHAPTER F. SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
202-26 Sec. 204.101. CONTRIBUTION FROM GOVERNMENTAL EMPLOYER. A
202-27 governmental employer shall pay a contribution in accordance with
203-1 this subchapter and rules adopted by the commission on wages paid
203-2 for employment during each year or portion of the year in which the
203-3 governmental employer is subject to this subtitle. (V.A.C.S. Arts.
203-4 5221b-5b(a), (b)(1) (part).)
203-5 Sec. 204.102. CONTRIBUTION NOT DEDUCTION FROM WAGES. A
203-6 contribution paid by a governmental employer may not be deducted
203-7 from the wages of individuals in the employer's employ. (V.A.C.S.
203-8 Art. 5221b-5b(b)(1) (part).)
203-9 Sec. 204.103. RATE OF CONTRIBUTIONS FOR GOVERNMENTAL
203-10 EMPLOYERS. (a) The rate of the contribution required under
203-11 Section 204.101 for each calendar year is equal to the greater of:
203-12 (1) one-tenth of one percent; or
203-13 (2) the percentage, adjusted to the next higher
203-14 one-tenth of one percent, computed by dividing the numerator
203-15 described by Subsection (b) by the denominator described by
203-16 Subsection (c).
203-17 (b) The numerator is the amount of all benefits paid during
203-18 the preceding calendar year based on wage credits earned from
203-19 employers that pay contributions under this subchapter, not
203-20 including benefit payments that are reimbursable from any other
203-21 source. If the amount of benefits paid during the period used for
203-22 determining the rate is greater than the contributions paid by the
203-23 same employers for the same period, the amount of the benefits paid
203-24 in excess of the amount of contributions collected shall be added
203-25 to the numerator in determining the contribution rate. If the
203-26 amount of benefits paid for the period used for determining the
203-27 rate is less than the contributions paid by the same employers for
204-1 the same period, that amount shall be deducted from the numerator
204-2 in computing the rate.
204-3 (c) The denominator is the amount of the total wages paid
204-4 during the preceding calendar year by all employers that pay
204-5 contributions under this subchapter. (V.A.C.S. Art. 5221b-5b(b)(2)
204-6 (part).)
204-7 Sec. 204.104. ACCOUNTING FOR GOVERNMENTAL EMPLOYERS. The
204-8 commission shall account separately for benefits paid and
204-9 contributions collected under this subchapter, and these benefits
204-10 and contributions may not be used in determining contribution rates
204-11 under Subchapters A, B, C, and D. (V.A.C.S. Art. 5221b-5b(e)
204-12 (part).)
204-13 Sec. 204.105. PAST DUE CONTRIBUTIONS. (a) A governmental
204-14 employer that fails to pay a contribution due under this subchapter
204-15 on the date it is due as prescribed by the commission is subject to
204-16 the same penalties as provided for other employers under Section
204-17 213.021.
204-18 (b) The provisions for collecting delinquent contributions
204-19 under Chapter 213 apply to a governmental employer.
204-20 (c) The commission shall notify the comptroller in writing
204-21 of the name of each governmental employer that is delinquent in
204-22 payment of contributions under this subtitle and the amount of the
204-23 delinquency. On receipt of the notice, the comptroller shall pay
204-24 the amount of the delinquency to the commission from any funds that
204-25 otherwise would be due from the state to the delinquent
204-26 governmental employer. (V.A.C.S. Arts. 5221b-5b(b)(3), (c)(1), (2)
204-27 (part).)
205-1 Sec. 204.106. REPORTS AND RECORDS. (a) A governmental
205-2 employer shall keep records and file reports with the commission
205-3 relating to individuals in its employ as required by rules adopted
205-4 by the commission.
205-5 (b) A governmental employer that does not keep the records
205-6 or file the reports when due is subject to the same penalties
205-7 provided for other employers under Sections 213.022, 213.023,
205-8 213.024, and 213.056. (V.A.C.S. Art. 5221b-5b(d).)
205-9 CHAPTER 205. REIMBURSEMENTS
205-10 SUBCHAPTER A. ELECTION TO BECOME REIMBURSING EMPLOYER
205-11 Sec. 205.001. REIMBURSEMENTS OR CONTRIBUTIONS BY GOVERNMENTAL
205-12 ENTITY
205-13 Sec. 205.002. ELECTION BY NONPROFIT ORGANIZATION
205-14 Sec. 205.003. COMMISSION TERMINATION OF ELECTION
205-15 (Sections 205.004-205.010 reserved for expansion)
205-16 SUBCHAPTER B. GENERAL PROVISIONS
205-17 Sec. 205.011. APPLICABILITY OF SUBTITLE; WAIVER BY REIMBURSING
205-18 EMPLOYER
205-19 Sec. 205.012. PAYMENT OF REIMBURSEMENT
205-20 Sec. 205.013. BILLING; AMOUNT OF REIMBURSEMENTS
205-21 Sec. 205.014. PROPORTIONATE ALLOCATION OF BENEFIT COSTS--MORE
205-22 THAN ONE EMPLOYER AND AT LEAST ONE
205-23 REIMBURSING EMPLOYER
205-24 Sec. 205.015. CONTINUED LIABILITY FOR REIMBURSEMENT
205-25 Sec. 205.016. COLLECTION OF DELINQUENT REIMBURSEMENT; EFFECT
205-26 OF FAILURE TO SUBMIT CERTAIN REPORTS
205-27 Sec. 205.017. DELINQUENT GOVERNMENTAL EMPLOYERS
206-1 Sec. 205.018. PAYMENT OF BENEFITS FROM COMPENSATION FUND;
206-2 NO EFFECT ON REPLENISHMENT RATIO
206-3 (Sections 205.019-205.020 reserved for expansion)
206-4 SUBCHAPTER C. GROUP ACCOUNT
206-5 Sec. 205.021. APPROVAL OF GROUP ACCOUNT; EFFECTIVE DATE
206-6 Sec. 205.022. DURATION AND TERMINATION OF GROUP ACCOUNT
206-7 Sec. 205.023. GROUP MEMBER'S REIMBURSEMENT AMOUNT
206-8 Sec. 205.024. REPORTS AND RECORDS
206-9 Sec. 205.025. COMMISSION RULES
206-10 (Sections 205.026-205.030 reserved for expansion)
206-11 SUBCHAPTER D. BONDS AND OTHER SAFEGUARDS
206-12 Sec. 205.031. BOND
206-13 Sec. 205.032. ADDITIONAL SAFEGUARDS
206-14 (Sections 205.033-205.040 reserved for expansion)
206-15 SUBCHAPTER E. STATE ELECTIONS
206-16 Sec. 205.041. STATE ELECTION TO BE REIMBURSING EMPLOYER
206-17 Sec. 205.042. COVERAGE OF STATE EMPLOYEES WORKING OUTSIDE
206-18 STATE
206-19 CHAPTER 205. REIMBURSEMENTS
206-20 SUBCHAPTER A. ELECTION TO BECOME REIMBURSING EMPLOYER
206-21 Sec. 205.001. REIMBURSEMENTS OR CONTRIBUTIONS BY
206-22 GOVERNMENTAL ENTITY. (a) A state, a political subdivision of a
206-23 state, or an instrumentality of a state or a political subdivision
206-24 of a state may elect to pay reimbursements for benefits instead of
206-25 contributions.
206-26 (b) The election must be made not later than the 45th day
206-27 after the date on which notice that an employer is subject to this
207-1 subtitle is mailed to the employer.
207-2 (c) The election is effective January 1 of the year in which
207-3 the employer becomes subject to this subtitle.
207-4 (d) An election is effective for at least two calendar years
207-5 and may be terminated after the minimum period by filing with the
207-6 commission not later than December 1 a written request for
207-7 termination. The termination is effective January 1 of the
207-8 following year. (V.A.C.S. Arts. 5221b-6(b)(2), (3), (4).)
207-9 Sec. 205.002. ELECTION BY NONPROFIT ORGANIZATION. (a) A
207-10 nonprofit organization that is described by Section 201.023 or a
207-11 group of those organizations subject to this subtitle may elect to
207-12 pay reimbursements for benefits instead of contributions.
207-13 (b) An election under this section must be made not later
207-14 than the 45th day after the date on which notice that the employer
207-15 is subject to this subtitle is mailed to the employer.
207-16 (c) The election is effective January 1 of the year in which
207-17 the employer becomes subject to this subtitle.
207-18 (d) The election is effective for at least two calendar
207-19 years and may not be terminated before the expiration of that
207-20 period, except as provided in Sections 205.003 and 205.031.
207-21 (e) An election may be withdrawn by written application by
207-22 the employer filed with the commission not later than December 1
207-23 before the year for which the employer wishes to change the
207-24 employer's method of payment. The method of payment may be changed
207-25 again if a timely application is filed after a minimum of two
207-26 calendar years.
207-27 (f) An election to pay reimbursements terminates at any time
208-1 coverage terminates under this subtitle. An employer whose
208-2 election terminates because of termination of coverage, on again
208-3 becoming an employer subject to this subtitle, may reelect to pay
208-4 reimbursements. (V.A.C.S. Art. 5221b-6(b)(1).)
208-5 Sec. 205.003. COMMISSION TERMINATION OF ELECTION. (a) The
208-6 commission may terminate an employer's election to make
208-7 reimbursements if the employer is delinquent in making
208-8 reimbursements under this chapter.
208-9 (b) A termination under this section takes effect at the
208-10 beginning of the next tax year and remains in effect for that tax
208-11 year and the following tax year. (V.A.C.S. Art. 5221b-5a(i).)
208-12 (Sections 205.004-205.010 reserved for expansion)
208-13 SUBCHAPTER B. GENERAL PROVISIONS
208-14 Sec. 205.011. APPLICABILITY OF SUBTITLE; WAIVER BY
208-15 REIMBURSING EMPLOYER. (a) A reimbursing employer is entitled to
208-16 the rights and privileges and subject to the duties and
208-17 responsibilities of all provisions of this subtitle other than the
208-18 following provisions of Chapter 204, which do not apply to a
208-19 reimbursing employer:
208-20 (1) Sections 204.001-204.008;
208-21 (2) Subchapters B, C, and D of Chapter 204; and
208-22 (3) Sections 204.081-204.085.
208-23 (b) An election to become a reimbursing employer is a waiver
208-24 of the rights afforded under Chapter 204 that do not apply to a
208-25 reimbursing employer. (V.A.C.S. Art. 5221b-5a(f)).
208-26 Sec. 205.012. PAYMENT OF REIMBURSEMENT. A reimbursing
208-27 employer shall pay a reimbursement to the commission in accordance
209-1 with this chapter and rules adopted by the commission. (V.A.C.S.
209-2 Arts. 5221b-5a(a) (part), (b) (part).)
209-3 Sec. 205.013. BILLING; AMOUNT OF REIMBURSEMENTS. (a) A
209-4 reimbursing employer shall pay to the commission an amount equal to
209-5 the regular benefits plus, except as provided by Subsection (c),
209-6 one-half of the extended benefits paid during that quarter that are
209-7 attributable to service in the employ of the employer.
209-8 (b) At the end of each calendar quarter the commission shall
209-9 bill each reimbursing employer for the amount described under
209-10 Subsection (a).
209-11 (c) A state, a political subdivision of a state, or any
209-12 instrumentality of any one or more states or political subdivisions
209-13 of a state that is wholly owned by one or more states or political
209-14 subdivisions of a state that is a reimbursing employer shall pay
209-15 100 percent of the extended benefits paid on benefit wage credits
209-16 earned from that employer. (V.A.C.S. Arts. 5221b-5a(b) (part), (c)
209-17 (part), (m).)
209-18 Sec. 205.014. PROPORTIONATE ALLOCATION OF BENEFIT
209-19 COSTS--MORE THAN ONE EMPLOYER AND AT LEAST ONE REIMBURSING
209-20 EMPLOYER. If benefits to an individual are computed on benefit
209-21 wage credits earned from more than one employer, at least one of
209-22 whom is a reimbursing employer, the amount payable to the
209-23 compensation fund by each reimbursing employer is the amount that
209-24 bears the same ratio to the total benefits paid to the individual
209-25 as the total base period benefit wage credits for the individual
209-26 from that employer bears to the total base period benefit wage
209-27 credits for the individual from all employers. (V.A.C.S. Art.
210-1 5221b-5a(c) (part).)
210-2 Sec. 205.015. CONTINUED LIABILITY FOR REIMBURSEMENT. An
210-3 employer who has elected reimbursement under Section 205.001 or
210-4 205.002 shall pay reimbursements for benefits that are attributable
210-5 to service in the employ of the employer during the period of the
210-6 election, even if the employer is no longer a reimbursing employer
210-7 when the benefits are paid. (V.A.C.S. Art. 5221b-5a(g).)
210-8 Sec. 205.016. COLLECTION OF DELINQUENT REIMBURSEMENT; EFFECT
210-9 OF FAILURE TO SUBMIT CERTAIN REPORTS. A reimbursing employer who
210-10 fails to pay a reimbursement on the date on which the reimbursement
210-11 is due, or who fails to submit records and reports, as prescribed
210-12 by the commission, is subject to the following in the same manner
210-13 as an employer who does not pay a contribution when due:
210-14 (1) Sections 213.004, 213.005, 213.006, 213.008, and
210-15 213.009;
210-16 (2) Subchapters B, C, D, and E of Chapter 213, other
210-17 than Section 213.058; and
210-18 (3) Section 204.086. (V.A.C.S. Art. 5221b-5a(e).)
210-19 Sec. 205.017. DELINQUENT GOVERNMENTAL EMPLOYERS. The
210-20 commission shall notify the comptroller in writing of the name of a
210-21 governmental employer that is delinquent in payment of
210-22 reimbursements under this subtitle and the amount of the
210-23 delinquency. On receipt of the notice, the comptroller shall pay
210-24 the amount of the delinquency to the commission from any funds that
210-25 otherwise would be due from the state to the delinquent
210-26 governmental employer. (V.A.C.S. Art. 5221b-5b(c)(2) (part).)
210-27 Sec. 205.018. PAYMENT OF BENEFITS FROM COMPENSATION FUND; NO
211-1 EFFECT ON REPLENISHMENT RATIO. Benefits computed on wages earned
211-2 from a reimbursing employer and reimbursements for the benefits may
211-3 not be used in computing the replenishment ratio under Section
211-4 204.045. (V.A.C.S. Art. 5221b-5a(l).)
211-5 (Sections 205.019-205.020 reserved for expansion)
211-6 SUBCHAPTER C. GROUP ACCOUNT
211-7 Sec. 205.021. APPROVAL OF GROUP ACCOUNT; EFFECTIVE DATE.
211-8 (a) On approval of an application submitted by two or more
211-9 reimbursing employers, the commission shall establish a group
211-10 account for the employers to share the cost of benefits that are
211-11 attributable to service in the employ of the employers.
211-12 (b) The application must identify and authorize a group
211-13 representative to act as the group's agent for the purpose of this
211-14 subchapter.
211-15 (c) The group account takes effect at the beginning of the
211-16 calendar quarter in which the commission received the application.
211-17 The commission shall notify the group's representative of the
211-18 effective date of the account. (V.A.C.S. Art. 5221b-5a(h) (part).)
211-19 Sec. 205.022. DURATION AND TERMINATION OF GROUP ACCOUNT.
211-20 (a) A group account must remain in effect for not less than two
211-21 years.
211-22 (b) After two years, the account may be terminated at the
211-23 discretion of the commission or on application by the group. The
211-24 termination is effective January 1 of the next year. (V.A.C.S.
211-25 Art. 5221b-5a(h) (part).)
211-26 Sec. 205.023. GROUP MEMBER'S REIMBURSEMENT AMOUNT. On
211-27 establishment of a group account, each member of the group is
212-1 liable for reimbursements for each calendar quarter in the amount
212-2 that bears the same ratio to the total benefits paid in the quarter
212-3 attributable to service in the employ of all members of the group
212-4 as the total wages paid for service in employment in the quarter by
212-5 the member bears to the total wages paid in the quarter by all
212-6 members of the group. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-7 Sec. 205.024. REPORTS AND RECORDS. Each member of a group
212-8 shall keep accurate employment records and submit reports as
212-9 required by the commission relating to persons employed by the
212-10 member. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-11 Sec. 205.025. COMMISSION RULES. The commission shall as
212-12 necessary adopt rules on:
212-13 (1) an application for the establishment, maintenance,
212-14 and termination of a group account authorized by this subchapter;
212-15 (2) the type of records to be kept and reports to be
212-16 submitted by a group of employers;
212-17 (3) the addition of a new member to a group;
212-18 (4) the withdrawal of an active member from a group;
212-19 and
212-20 (5) the determination of the amount of reimbursements
212-21 payable under this subchapter by members of a group and the time
212-22 and manner of those payments. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-23 (Sections 205.026-205.030 reserved for expansion)
212-24 SUBCHAPTER D. BONDS AND OTHER SAFEGUARDS
212-25 Sec. 205.031. BOND. (a) The commission may require a
212-26 reimbursing employer or group of reimbursing employers to execute
212-27 and file with the commission a surety bond approved by the
213-1 commission.
213-2 (b) The amount of the bond shall be determined in accordance
213-3 with rules adopted by the commission.
213-4 (c) The commission may require adjustments to a filed bond
213-5 as it considers appropriate.
213-6 (d) If a reimbursing employer covered by a bond fails to pay
213-7 the full amount of reimbursements when due, together with any
213-8 applicable interest and penalties required under this subtitle, the
213-9 surety is liable on the bond, to the extent of the bond, as though
213-10 the surety were the employer.
213-11 (e) If a reimbursing employer fails to execute and file bond
213-12 when directed to do so by the commission, the commission may
213-13 terminate the employer's election to make reimbursements effective
213-14 at the beginning of the next tax year. The termination remains
213-15 effective for that tax year and the following tax year. (V.A.C.S.
213-16 Art. 5221b-5a(j).)
213-17 Sec. 205.032. ADDITIONAL SAFEGUARDS. The commission may
213-18 provide additional safeguards as necessary to ensure that a
213-19 reimbursing employer pays the reimbursements required under
213-20 Subchapters B and C. (V.A.C.S. Art. 5221b-5a(k).)
213-21 (Sections 205.033-205.040 reserved for expansion)
213-22 SUBCHAPTER E. STATE ELECTIONS
213-23 Sec. 205.041. STATE ELECTION TO BE REIMBURSING EMPLOYER.
213-24 (a) This state is a reimbursing employer subject to this subtitle
213-25 for all services performed in the employ of:
213-26 (1) this state;
213-27 (2) a branch or department of this state; or
214-1 (3) an instrumentality of this state that is not
214-2 otherwise an employer.
214-3 (b) All services performed in the employ of this state, a
214-4 branch or department of this state, or an instrumentality of this
214-5 state are employment.
214-6 (c) Subsection (a) does not apply to a political subdivision
214-7 of this state.
214-8 (d) The commission shall provide to each state agency an
214-9 annual statement showing the benefits paid by the commission during
214-10 the year that are attributable to that agency. (V.A.C.S. Art.
214-11 5221b-22d.)
214-12 Sec. 205.042. COVERAGE OF STATE EMPLOYEES WORKING OUTSIDE
214-13 STATE. If the commission is unable to execute a reciprocal
214-14 agreement under Chapter 211 to cover an employee of this state who
214-15 works outside this state, the employing agency shall become a
214-16 reimbursing employer if permitted by the law of the state in which
214-17 the employee works. If the agency is not permitted to be a
214-18 reimbursing employer, the agency may pay the required contribution
214-19 for that employee from funds available for that purpose. (V.A.C.S.
214-20 Art. 5221b-22dd.)
214-21 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
214-22 Sec. 206.001. YEARLY COVERAGE
214-23 Sec. 206.002. ELECTION OF COVERAGE AS EMPLOYER
214-24 Sec. 206.003. ELECTION OF COVERAGE REGARDING SERVICES
214-25 NOT CONSTITUTING EMPLOYMENT
214-26 Sec. 206.004. TERMINATION OF COVERAGE
214-27 Sec. 206.005. PREVIOUS RIGHTS LOST BY CESSATION OF
215-1 COVERAGE
215-2 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
215-3 Sec. 206.001. YEARLY COVERAGE. An employing unit that is or
215-4 becomes an employer in a calendar year is subject to this subtitle
215-5 during that entire calendar year. (V.A.C.S. Art. 5221b-6(a).)
215-6 Sec. 206.002. ELECTION OF COVERAGE AS EMPLOYER. (a) An
215-7 employing unit that is not otherwise subject to this subtitle may
215-8 elect coverage as an employer for not less than two calendar years.
215-9 (b) Subsection (a) does not apply to an employing unit to
215-10 which Section 205.001 or 205.002 applies.
215-11 (c) On written approval by the commission of an election
215-12 under Subsection (a), the employing unit making the election
215-13 becomes an employer to the same extent as all other employers
215-14 beginning on the date stated in the approval. (V.A.C.S. Art.
215-15 5221b-6(b)(5).)
215-16 Sec. 206.003. ELECTION OF COVERAGE REGARDING SERVICES NOT
215-17 CONSTITUTING EMPLOYMENT. (a) An employing unit may elect for not
215-18 less than two calendar years that all services that do not
215-19 constitute employment and that are performed by individuals in its
215-20 employ in one or more distinct establishments or places of business
215-21 are to be considered employment for all purposes of this subtitle.
215-22 (b) An election under Subsection (a) must be in writing and
215-23 be filed with the commission.
215-24 (c) On written approval by the commission of an election
215-25 under Subsection (a), the services constitute employment during the
215-26 period elected, beginning on the date stated in the approval.
215-27 (V.A.C.S. Art. 5221b-6(b)(6).)
216-1 Sec. 206.004. TERMINATION OF COVERAGE. (a) An employing
216-2 unit may cease to be an employer only on January 1 of a year and
216-3 only if the commission finds that:
216-4 (1) the employing unit was not an employer during the
216-5 preceding year; or
216-6 (2) the employing unit has not had any individuals in
216-7 employment during the preceding three calendar years.
216-8 (b) The commission may not make a finding under Subsection
216-9 (a)(1) unless the employing unit files an application for
216-10 termination of coverage with the commission on or after January 1
216-11 but before April 1 of the year for which termination is requested.
216-12 The commission may make a finding under Subsection (a)(2) without
216-13 an application having been filed. (V.A.C.S. Arts. 5221b-6(c)(1),
216-14 (2).)
216-15 Sec. 206.005. PREVIOUS RIGHTS LOST BY CESSATION OF COVERAGE.
216-16 When an employing unit that ceased to be an employer subsequently
216-17 becomes an employer, the employing unit is considered to be a new
216-18 employer without regard to the rights that employing unit acquired
216-19 when previously an employer. (V.A.C.S. Art. 5221b-6(d).)
216-20 CHAPTER 207. BENEFITS
216-21 SUBCHAPTER A. PAYMENT OF BENEFITS
216-22 Sec. 207.001. PAYMENT OF BENEFITS
216-23 Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT
216-24 Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT
216-25 Sec. 207.004. BENEFIT WAGE CREDITS
216-26 Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS
216-27 Sec. 207.006. ADJUSTMENT OF BENEFITS
217-1 Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION;
217-2 CRIMINAL OFFENSE; PENALTY
217-3 Sec. 207.008. SUITABLE WORK
217-4 (Sections 207.009-207.020 reserved for expansion)
217-5 SUBCHAPTER B. BENEFIT ELIGIBILITY
217-6 Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS
217-7 Sec. 207.022. COMMISSION-APPROVED TRAINING
217-8 Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974
217-9 Sec. 207.024. CLAIM FILED OR RESIDENCE IN ANOTHER
217-10 STATE OR COUNTRY
217-11 Sec. 207.025. PREGNANCY OR TERMINATION OF PREGNANCY
217-12 (Sections 207.026-207.040 reserved for expansion)
217-13 SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION
217-14 FOR BENEFITS
217-15 Sec. 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS
217-16 Sec. 207.042. ATHLETES
217-17 Sec. 207.043. ALIENS
217-18 Sec. 207.044. DISCHARGE FOR MISCONDUCT
217-19 Sec. 207.045. VOLUNTARILY LEAVING WORK
217-20 Sec. 207.046. INVOLUNTARY SEPARATION
217-21 Sec. 207.047. FAILURE TO APPLY FOR, ACCEPT, OR
217-22 RETURN TO WORK
217-23 Sec. 207.048. LABOR DISPUTES
217-24 Sec. 207.049. RECEIPT OF REMUNERATION
217-25 Sec. 207.050. RECEIPT OF PENSION OR ANNUITY
217-26 Sec. 207.051. SALE OF BUSINESS
217-27 Sec. 207.052. LEAVING WORK TO ATTEND EDUCATIONAL INSTITUTION
218-1 Sec. 207.053. REFUSAL TO TREAT COMMUNICABLE DISEASE
218-2 (Sections 207.054-207.070 reserved for expansion)
218-3 SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
218-4 Sec. 207.071. WAIVER, RELEASE, OR COMMUTATION
218-5 AGREEMENT INVALID
218-6 Sec. 207.072. ACCEPTANCE OR REQUIREMENT OF
218-7 WAIVER PROHIBITED
218-8 Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES
218-9 Sec. 207.074. CRIMINAL OFFENSE; PENALTY
218-10 Sec. 207.075. ASSIGNMENT OF BENEFITS PROHIBITED;
218-11 BENEFIT EXEMPTIONS
218-12 Sec. 207.076. EQUAL TREATMENT
218-13 (Sections 207.077-207.090 reserved for expansion)
218-14 SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
218-15 Sec. 207.091. DEFINITIONS
218-16 Sec. 207.092. DISCLOSURE OF CHILD SUPPORT OBLIGATIONS
218-17 Sec. 207.093. WITHHOLDING OF CHILD SUPPORT BY COMMISSION
218-18 Sec. 207.094. FEDERAL LAW REQUIREMENT
218-19 CHAPTER 207. BENEFITS
218-20 SUBCHAPTER A. PAYMENT OF BENEFITS
218-21 Sec. 207.001. PAYMENT OF BENEFITS. Benefits are paid
218-22 through the commission in accordance with rules adopted by the
218-23 commission and are due and payable under this subtitle only to the
218-24 extent provided by this subtitle. (V.A.C.S. Arts. 5221b-1(a),
218-25 5221b-16 (part).)
218-26 Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT. (a) An
218-27 eligible individual who is totally unemployed in a benefit period
219-1 is entitled to benefits for the benefit period at the rate of 1/25
219-2 of the wages received by the individual from employment by
219-3 employers during that quarter in the individual's base period in
219-4 which wages were highest. The rate of benefits paid under this
219-5 section may not be more than $84 or less than $15 for each benefit
219-6 period.
219-7 (b) For each complete increment of $10 by which the annual
219-8 average of the manufacturing production workers' average weekly
219-9 wage in this state exceeds the 1976 average weekly wage for those
219-10 workers, as determined by the commission and published in its
219-11 report, "The Average Weekly Wage," the maximum benefit amount
219-12 established in Subsection (a) is increased by $7 and the minimum
219-13 benefit amount established in Subsection (a) is increased by $1.
219-14 (c) The commission shall compute the maximum benefit amount
219-15 for a claim filed on or after October 1, 1989, without
219-16 consideration of any increase in the average weekly wage for
219-17 manufacturing workers in this state for the years 1986 and 1987.
219-18 (d) An increase in maximum and minimum benefit amounts under
219-19 this section takes effect on October 1 following publication of
219-20 "The Average Weekly Wage" report.
219-21 (e) The maximum benefit amount payable to an individual for
219-22 a benefit period under this section on the effective date of a
219-23 valid claim is the maximum benefit amount payable to that
219-24 individual until the individual establishes a new benefit year.
219-25 (f) In this section, "wages" has the meaning assigned in
219-26 Subchapter F, Chapter 201, except that the limitation of wages
219-27 provided in Section 201.082(1) does not apply. (V.A.C.S. Arts.
220-1 5221b-1(b) (part), (b-1) (part), (e) (part).)
220-2 Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT. (a) An
220-3 eligible individual who is partially unemployed in a benefit period
220-4 is entitled to partial benefits for that benefit period.
220-5 (b) The amount of a partial benefit is computed by:
220-6 (1) adding the individual's benefit amount and the
220-7 greater of $5 or 25 percent of the benefit amount; and
220-8 (2) subtracting the amount of the wages earned by the
220-9 individual during the benefit period from the amount computed under
220-10 Subdivision (1).
220-11 (c) In this section, "wages" has the meaning assigned in
220-12 Subchapter F, Chapter 201, except that the limitation of wages
220-13 provided in Section 201.082(1) does not apply. (V.A.C.S. Arts.
220-14 5221b-1(c) (part), (e) (part).)
220-15 Sec. 207.004. BENEFIT WAGE CREDITS. (a) The commission
220-16 shall credit an individual's wages received for employment from an
220-17 employer during the individual's base period as the individual's
220-18 benefit wage credits.
220-19 (b) Wages used to qualify an individual for regular benefits
220-20 under this subtitle or under any other unemployment compensation
220-21 law may not be used again to qualify the individual for regular
220-22 benefits.
220-23 (c) If an employer fails to report, when requested by the
220-24 commission, wages that were paid to an individual during a base
220-25 period, the commission may determine the amount of benefit wage
220-26 credits for the individual for the base period from the best
220-27 information obtained by the commission.
221-1 (d) In this section:
221-2 (1) "Benefit wage credits" means those wages used to
221-3 determine an individual's right to benefits.
221-4 (2) "Wages" has the meaning assigned in Subchapter F,
221-5 Chapter 201, except that the limitation of wages provided in
221-6 Section 201.082(1) does not apply. (V.A.C.S. Arts. 5221b-1(d)
221-7 (part), (e).)
221-8 Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS. The maximum
221-9 amount of benefits payable to an eligible individual during a
221-10 benefit year may not exceed the lesser of:
221-11 (1) 26 times the individual's benefit amount; or
221-12 (2) 27 percent of the individual's benefit wage
221-13 credits. (V.A.C.S. Art. 5221b-1(d) (part).)
221-14 Sec. 207.006. ADJUSTMENT OF BENEFITS. If a benefit rate or
221-15 benefit payable computed under this chapter is not a multiple of
221-16 $1, the benefit rate or benefit payable is increased to the next
221-17 multiple of $1. (V.A.C.S. Arts. 5221b-1(b) (part), (c) (part),
221-18 (d) (part); 5221b-3(e) (part), (h) (part).)
221-19 Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION;
221-20 CRIMINAL OFFENSE; PENALTY. (a) An individual claiming benefits
221-21 under this subtitle may not be charged a fee in a proceeding under
221-22 this subtitle by:
221-23 (1) the commission or a representative of the
221-24 commission; or
221-25 (2) a court or an officer of a court.
221-26 (b) An individual claiming benefits in a proceeding before
221-27 the commission or a court may be represented by counsel or another
222-1 authorized agent. Counsel or an agent representing an individual
222-2 under this subtitle may not charge or receive a fee for these
222-3 services greater than an amount approved by the commission.
222-4 (c) A person who violates this section commits an offense.
222-5 An offense under this section is punishable by:
222-6 (1) a fine of not less than $50 and not more than
222-7 $500;
222-8 (2) imprisonment for not more than six months; or
222-9 (3) both a fine and imprisonment. (V.A.C.S. Art.
222-10 5221b-13(b).)
222-11 Sec. 207.008. SUITABLE WORK. (a) In determining whether
222-12 work is suitable for an individual, the commission shall consider:
222-13 (1) the degree of risk involved to the individual's
222-14 health, safety, and morals at the place of performance of the work;
222-15 (2) the individual's physical fitness and previous
222-16 training;
222-17 (3) the individual's experience and previous earnings;
222-18 (4) the individual's length of unemployment and
222-19 prospects for securing local work in the individual's customary
222-20 occupation; and
222-21 (5) the distance of the work from the individual's
222-22 residence.
222-23 (b) Notwithstanding any other provision of this subtitle,
222-24 work is not suitable and benefits may not be denied under this
222-25 subtitle to an otherwise eligible individual for refusal to accept
222-26 new work if:
222-27 (1) the position offered is vacant directly because of
223-1 a strike, lockout, or other labor dispute;
223-2 (2) the wages, hours, or other conditions of the work
223-3 offered are substantially less favorable to the individual than
223-4 those prevailing for similar work in the locality; or
223-5 (3) as a condition of being employed, the individual
223-6 is required to join a company union or to resign from or refrain
223-7 from joining a bona fide labor organization. (V.A.C.S. Arts.
223-8 5221b-3(c)(1), (2).)
223-9 (Sections 207.009-207.020 reserved for expansion)
223-10 SUBCHAPTER B. BENEFIT ELIGIBILITY
223-11 Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS. (a) Except
223-12 as provided by Chapter 215, an unemployed individual is eligible to
223-13 receive benefits for a benefit period if the individual:
223-14 (1) has registered for work at an employment office
223-15 and has continued to report to the employment office as required by
223-16 rules adopted by the commission;
223-17 (2) has made a claim for benefits under Section
223-18 208.001;
223-19 (3) is able to work;
223-20 (4) is available for work;
223-21 (5) for the individual's base period, has benefit wage
223-22 credits:
223-23 (A) in at least two calendar quarters; and
223-24 (B) in an amount not less than 37 times the
223-25 individual's benefit amount;
223-26 (6) after the beginning date of the individual's most
223-27 recent prior benefit year, if applicable, earned wages in an amount
224-1 equal to not less than six times the individual's benefit amount;
224-2 and
224-3 (7) has been totally or partially unemployed for a
224-4 waiting period of at least seven consecutive days.
224-5 (b) A week may not be counted as a waiting period week for
224-6 the purposes of this section:
224-7 (1) unless the individual has registered for work at
224-8 an employment office in accordance with Subsection (a)(1);
224-9 (2) unless it is after the filing of an initial claim;
224-10 (3) unless the individual reports at an office of the
224-11 commission and certifies that the individual has met the waiting
224-12 period requirements;
224-13 (4) if benefits have been paid or are payable with
224-14 respect to the week;
224-15 (5) if the individual does not meet the eligibility
224-16 requirements of Subsections (a)(3) and (a)(4); and
224-17 (6) if the individual has been disqualified for
224-18 benefits for the seven-day period under Section 207.044, 207.045,
224-19 207.047, or 207.048.
224-20 (c) Notwithstanding any other provision of this section, an
224-21 individual who has been paid benefits in the individual's current
224-22 benefit year equal to or exceeding three times the individual's
224-23 benefit amount is eligible to receive benefits on the individual's
224-24 waiting period claim in accordance with this subtitle. (V.A.C.S.
224-25 Art. 5221b-2.)
224-26 Sec. 207.022. COMMISSION-APPROVED TRAINING. (a) An
224-27 individual may not be denied benefits because the individual is in
225-1 training with the approval of the commission.
225-2 (b) An individual may not be denied benefits for a benefit
225-3 period in which the individual is in training with the approval of
225-4 the commission because of the provisions of Section 207.021
225-5 relating to the individual's:
225-6 (1) availability for work;
225-7 (2) active search for work; or
225-8 (3) refusal to apply for or refusal to accept suitable
225-9 work.
225-10 (c) Approval of training must be obtained as required by
225-11 rules adopted by the commission. (V.A.C.S. Art. 5221b-2a(a).)
225-12 Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974. (a)
225-13 This section applies only to training approved under Section
225-14 236(a)(1) of the Trade Act of 1974 (19 U.S.C. Section 2296(a)(1)).
225-15 (b) An otherwise eligible individual may not be denied
225-16 benefits for a week:
225-17 (1) that the individual was in training;
225-18 (2) that the individual left work to enter training if
225-19 the work the individual left was not suitable employment; or
225-20 (3) because of the application to the week in training
225-21 of a provision of this subtitle or a federal unemployment
225-22 compensation law relating to the individual's:
225-23 (A) availability for work;
225-24 (B) active search for work; or
225-25 (C) refusal to accept work.
225-26 (c) For the purposes of Subsection (b), "suitable
225-27 employment" means work for an individual that:
226-1 (1) is of a skill level substantially equal to or
226-2 higher than that of the individual's past adversely affected
226-3 employment, as that term is used by the Trade Act of 1974 (19
226-4 U.S.C. Section 2101 et seq.); and
226-5 (2) pays wages that are not less than 80 percent of
226-6 the individual's average weekly wage as determined for the purposes
226-7 of the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.).
226-8 (V.A.C.S. Art. 5221b-2a(d).)
226-9 Sec. 207.024. CLAIM FILED OR RESIDENCE IN ANOTHER STATE OR
226-10 COUNTRY. An individual's benefits may not be denied or reduced
226-11 solely because at the time the individual filed the claim for
226-12 unemployment compensation the individual:
226-13 (1) files a claim in another state or a contiguous
226-14 country with which the United States has an agreement with respect
226-15 to unemployment compensation; or
226-16 (2) resides in another state or contiguous country
226-17 with which the United States has an agreement with respect to
226-18 unemployment compensation. (V.A.C.S. Art. 5221b-2a(b).)
226-19 Sec. 207.025. PREGNANCY OR TERMINATION OF PREGNANCY.
226-20 Benefits may not be denied to an individual solely because of
226-21 pregnancy or termination of pregnancy. (V.A.C.S. Art.
226-22 5221b-2a(c).)
226-23 (Sections 207.026-207.040 reserved for expansion)
226-24 SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
226-25 Sec. 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS. (a)
226-26 Benefits are not payable to an individual based on services
226-27 performed in an instructional, research, or principal
227-1 administrative capacity for an educational institution for a week
227-2 beginning during the period between two successive academic years
227-3 or terms or under an agreement providing for a similar period
227-4 between two regular but not successive terms if:
227-5 (1) the individual performed the services in the first
227-6 of the academic years or terms; and
227-7 (2) there is a contract or reasonable assurance that
227-8 the individual will perform services in that capacity for any
227-9 educational institution in the second of the academic years or
227-10 terms.
227-11 (b) Benefits are not payable to an individual based on
227-12 services performed for an educational institution in a capacity
227-13 other than a capacity described by Subsection (a) for a week that
227-14 begins during a period between two successive academic years or
227-15 terms if:
227-16 (1) the individual performed the services in the first
227-17 of the academic years or terms; and
227-18 (2) there is a reasonable assurance that the
227-19 individual will perform the services in the second of the academic
227-20 years or terms.
227-21 (c) Notwithstanding Subsection (b), if benefits are denied
227-22 to an individual for any week under Subsection (b) and the
227-23 individual is not offered an opportunity to perform services for
227-24 the educational institution for the second of the academic years or
227-25 terms, the individual is entitled to a retroactive payment of the
227-26 benefits for each week that:
227-27 (1) the individual filed a timely claim for benefits;
228-1 and
228-2 (2) the benefits were denied solely because of
228-3 Subsection (b).
228-4 (d) Benefits are not payable to an individual based on
228-5 services performed for an educational institution for a week that
228-6 begins during an established and customary vacation period or
228-7 holiday recess if:
228-8 (1) the individual performed the services in the
228-9 period immediately before the vacation period or holiday recess;
228-10 and
228-11 (2) there is a reasonable assurance that the
228-12 individual will perform the services in the period immediately
228-13 following the vacation period or holiday recess.
228-14 (e) Benefits are not payable as provided under this section
228-15 to an individual based on services performed in an educational
228-16 institution if the individual performed the services while employed
228-17 by an educational service agency. For the purposes of this
228-18 subsection, "educational service agency" means a governmental
228-19 agency or other governmental entity that is established and
228-20 operated exclusively to provide services to one or more educational
228-21 institutions. (V.A.C.S. Art. 5221b-1(f) (part).)
228-22 Sec. 207.042. ATHLETES. Benefits are not payable to an
228-23 individual based on services substantially all of which consist of
228-24 participating in a sport or athletic event or training or preparing
228-25 to participate in a sport or athletic event for a week that begins
228-26 during the period between two successive sport seasons or similar
228-27 periods if:
229-1 (1) the individual performed the services in the first
229-2 of the seasons or periods; and
229-3 (2) there is a reasonable assurance that the
229-4 individual will perform the services in the later of the seasons or
229-5 periods. (V.A.C.S. Art. 5221b-1(g).)
229-6 Sec. 207.043. ALIENS. (a) Benefits are not payable based
229-7 on services performed by an alien unless the alien:
229-8 (1) is an individual who was lawfully admitted for
229-9 permanent residence at the time the services were performed;
229-10 (2) was lawfully present for purposes of performing
229-11 the services; or
229-12 (3) was permanently residing in the United States
229-13 under color of law at the time the services were performed,
229-14 including being lawfully present in the United States as a result
229-15 of the application of Section 212(d)(5) of the Immigration and
229-16 Nationality Act (8 U.S.C. Section 1182(d)(5)).
229-17 (b) Information required of an individual applying for
229-18 benefits to determine whether benefits are payable to the
229-19 individual because of the individual's alien status shall be
229-20 uniformly required from all applicants for benefits.
229-21 (c) A determination that benefits are not payable to an
229-22 individual whose application for the benefits would otherwise be
229-23 approved except for the individual's alien status must be made from
229-24 a preponderance of the evidence.
229-25 (d) A modification of Section 3304(a)(14) of the Federal
229-26 Unemployment Tax Act (26 U.S.C. Section 3304(a)(14)) that specifies
229-27 other conditions or another effective date for the denial of
230-1 benefits based on services performed by aliens that must be
230-2 implemented under state law as a condition for a full tax credit
230-3 against the tax imposed by the Federal Unemployment Tax Act (26
230-4 U.S.C. Section 3301 et seq.) is applicable under this section.
230-5 (V.A.C.S. Art. 5221b-1(h).)
230-6 Sec. 207.044. DISCHARGE FOR MISCONDUCT. (a) An individual
230-7 is disqualified for benefits if the individual was discharged for
230-8 misconduct connected with the individual's last work.
230-9 (b) Disqualification under this section continues until the
230-10 individual has returned to employment and:
230-11 (1) worked for six weeks; or
230-12 (2) earned wages equal to six times the individual's
230-13 benefit amount. (V.A.C.S. Art. 5221b-3(b).)
230-14 Sec. 207.045. VOLUNTARILY LEAVING WORK. (a) An individual
230-15 is disqualified for benefits if the individual left the
230-16 individual's last work voluntarily without good cause connected
230-17 with the individual's work.
230-18 (b) Except as provided by Subsection (c), a disqualification
230-19 for benefits under this section continues until the individual has
230-20 returned to employment and:
230-21 (1) worked for six weeks; or
230-22 (2) earned wages equal to six times the individual's
230-23 benefit amount.
230-24 (c) Disqualification for benefits under this section for an
230-25 individual who left work to move with the individual's spouse from
230-26 the area where the individual worked continues for not less than
230-27 six benefit periods and not more than 25 benefit periods following
231-1 the filing of a valid claim as determined by the commission
231-2 according to the circumstances of the case.
231-3 (d) Notwithstanding any other provision of this section, an
231-4 individual who is available to work may not be disqualified for
231-5 benefits because the individual left work because of:
231-6 (1) a medically verified illness of the individual or
231-7 the individual's minor child;
231-8 (2) injury;
231-9 (3) disability; or
231-10 (4) pregnancy.
231-11 (e) For the purposes of Subsection (d), a medically verified
231-12 illness of a minor child prevents disqualification only if
231-13 reasonable alternative care was not available to the child and the
231-14 employer refused to allow the individual a reasonable amount of
231-15 time off during the illness.
231-16 (f) Military personnel who do not reenlist have not left
231-17 work voluntarily without good cause connected with work.
231-18 (g) An individual who is partially unemployed and who
231-19 resigns that employment to accept other employment that the
231-20 individual reasonably believes will increase the individual's
231-21 weekly wage is not disqualified for benefits under this section.
231-22 (V.A.C.S. Art. 5221b-3(a).)
231-23 Sec. 207.046. INVOLUNTARY SEPARATION. An individual is not
231-24 disqualified for benefits under this subchapter if the work-related
231-25 reason for the individual's separation from employment was urgent,
231-26 compelling, and necessary so as to make the separation involuntary.
231-27 (V.A.C.S. Art. 5221b-3(i).)
232-1 Sec. 207.047. FAILURE TO APPLY FOR, ACCEPT, OR RETURN TO
232-2 WORK. (a) An individual is disqualified for benefits if during
232-3 the individual's current benefit year, the individual failed,
232-4 without good cause, to:
232-5 (1) apply for available, suitable work when directed
232-6 to do so by the commission;
232-7 (2) accept suitable work offered to the individual; or
232-8 (3) return to the individual's customary
232-9 self-employment, if any, when directed to do so by the commission.
232-10 (b) Disqualification for benefits under this section
232-11 continues until the individual has returned to employment and:
232-12 (1) worked for six weeks; or
232-13 (2) earned wages equal to six times the individual's
232-14 benefit amount. (V.A.C.S. Art. 5221b-3(c) (part).)
232-15 Sec. 207.048. LABOR DISPUTES. (a) An individual is
232-16 disqualified for benefits for a benefit period in which the
232-17 individual's total or partial unemployment is caused by:
232-18 (1) the individual's stoppage of work because of a
232-19 labor dispute at the factory, establishment, or other premises
232-20 where the individual is or was last employed; or
232-21 (2) a labor dispute at another place that:
232-22 (A) is owned or operated by the same employing
232-23 unit that owns or operates the premises where the individual is or
232-24 was last employed; and
232-25 (B) supplies material or services necessary to
232-26 the continued and usual operation of the premises where the
232-27 individual is or was last employed.
233-1 (b) Disqualification for benefits under this section does
233-2 not apply to an individual who shows to the satisfaction of the
233-3 commission that the individual:
233-4 (1) is not participating in, financing, or directly
233-5 interested in the labor dispute; and
233-6 (2) does not belong to a grade or class of workers any
233-7 members of which were employed at the premises of the labor dispute
233-8 immediately before the beginning of the labor dispute and any of
233-9 whom are participating in, financing, or directly interested in the
233-10 dispute.
233-11 (c) For the purposes of Subsection (b)(1), failure or
233-12 refusal to cross a picket line or refusal for any reason during the
233-13 continuance of the labor dispute to accept and perform an
233-14 individual's available and customary work at the factory,
233-15 establishment, or other premises where the individual is or was
233-16 last employed constitutes participation and interest in the labor
233-17 dispute.
233-18 (d) An individual may not be disqualified for benefits under
233-19 Subsection (b)(2) if the individual shows that the individual:
233-20 (1) is not, and at the time of the labor dispute, was
233-21 not:
233-22 (A) a member of a labor organization that is the
233-23 same as, represented by, or directly affiliated, acting in concert,
233-24 or in sympathy with the labor organization involved in the labor
233-25 dispute at the premises of the labor dispute; or
233-26 (B) acting in concert or in sympathy with the
233-27 labor organization involved in the labor dispute at the premises of
234-1 the labor dispute; and
234-2 (2) has made an unconditional offer to return to work
234-3 at the premises where the individual is or was last employed.
234-4 (e) If separate branches of work that are commonly conducted
234-5 as separate businesses in separate premises are conducted in
234-6 separate departments of the same premises, each department is a
234-7 separate factory, establishment, or other premises.
234-8 (f) For the purposes of this section, "premises" includes a
234-9 vessel. (V.A.C.S. Art. 5221b-3(d).)
234-10 Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual
234-11 is disqualified for benefits for a benefit period for which the
234-12 individual is receiving or has received remuneration in the form
234-13 of:
234-14 (1) wages in lieu of notice;
234-15 (2) compensation under a state worker's compensation
234-16 law or a similar law of the United States for:
234-17 (A) temporary partial disability;
234-18 (B) temporary total disability; or
234-19 (C) total and permanent disability; or
234-20 (3) old age benefits or similar payments under:
234-21 (A) Subchapter II of the Social Security Act (42
234-22 U.S.C. Section 401 et seq.); or
234-23 (B) any other federal law or the law of any
234-24 state.
234-25 (b) If the remuneration received by an individual under
234-26 Subsection (a)(3) is less than the benefits that the individual
234-27 would otherwise be eligible to receive, the individual shall
235-1 receive benefits for the benefit period that are reduced by the
235-2 amount of the remuneration, adjusted as provided by Section
235-3 207.006. (V.A.C.S. Art. 5221b-3(e) (part).)
235-4 Sec. 207.050. RECEIPT OF PENSION OR ANNUITY. (a) An
235-5 individual is disqualified for benefits for a benefit period for
235-6 which the individual is receiving or has received a governmental or
235-7 other pension, retirement or retired pay, an annuity, or any other
235-8 similar periodic payment based on the previous work of the
235-9 individual and reasonably attributable to the benefit period.
235-10 (b) Notwithstanding Subsection (a), if the remuneration
235-11 received by an individual is less than the benefits that the
235-12 individual would otherwise be eligible to receive, the individual
235-13 is entitled to receive benefits for the benefit period that are
235-14 reduced by the amount of the remuneration, adjusted as provided by
235-15 Section 207.006.
235-16 (c) This section is enacted because Section 3304(a)(15) of
235-17 the Federal Unemployment Tax Act (26 U.S.C. Section 3304(a)(15))
235-18 requires that this provision be enacted in state law as of January
235-19 1, 1978, as a condition for full tax credit against the tax imposed
235-20 by that Act. If Section 3304(a)(15) of the Federal Unemployment
235-21 Tax Act (26 U.S.C. Section 3304(a)(15)) is amended to modify these
235-22 federal requirements, the modified requirements are applicable
235-23 under this section to the extent required for full tax credit
235-24 rather than this section. (V.A.C.S. Art. 5221b-3(h) (part).)
235-25 Sec. 207.051. SALE OF BUSINESS. (a) An individual is
235-26 disqualified for benefits after the sale of:
235-27 (1) a corporation and the individual is:
236-1 (A) an officer of the corporation;
236-2 (B) a majority or controlling shareholder in the
236-3 corporation; and
236-4 (C) involved in the sale of the corporation;
236-5 (2) a limited or general partnership and the
236-6 individual is a limited or general partner who is involved in the
236-7 sale of the partnership; or
236-8 (3) a sole proprietorship and the individual is the
236-9 proprietor who sells the business.
236-10 (b) The disqualification under this section is effective for
236-11 the benefit periods occurring during the period beginning on the
236-12 date of the sale of the business and ending on the date the
236-13 individual is employed and eligible for benefits computed on
236-14 benefit wage credits received through the new employment.
236-15 (V.A.C.S. Art. 5221b-3(f).)
236-16 Sec. 207.052. LEAVING WORK TO ATTEND EDUCATIONAL
236-17 INSTITUTION. (a) An individual is disqualified for benefits for a
236-18 period of unemployment for which the individual left the
236-19 individual's most recent work to attend an established educational
236-20 institution.
236-21 (b) This section does not apply to a period in which the
236-22 individual is in training with the approval of the commission under
236-23 Section 207.022. (V.A.C.S. Art. 5221b-3(g).)
236-24 Sec. 207.053. REFUSAL TO TREAT COMMUNICABLE DISEASE. (a)
236-25 An individual is disqualified for benefits if the individual:
236-26 (1) left the individual's last work voluntarily rather
236-27 than provide services included within the course and scope of the
237-1 individual's employment to an individual infected with a
237-2 communicable disease; or
237-3 (2) was discharged from the individual's last work
237-4 because the individual refused to provide services included within
237-5 the course and scope of the individual's employment to an
237-6 individual infected with a communicable disease.
237-7 (b) An individual is not disqualified under this section
237-8 unless the person for whom the individual last worked made
237-9 available to the individual the facilities, equipment, training,
237-10 and supplies necessary to permit the individual to take reasonable
237-11 precautions to preclude the infection of the individual with the
237-12 communicable disease.
237-13 (c) Disqualification for benefits under this section
237-14 continues until the individual has returned to employment and:
237-15 (1) worked for six weeks; or
237-16 (2) earned wages equal to six times the individual's
237-17 weekly benefit amount. (V.A.C.S. Arts. 5221b-3(j), (k).)
237-18 (Sections 207.054-207.070 reserved for expansion)
237-19 SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
237-20 Sec. 207.071. WAIVER, RELEASE, OR COMMUTATION AGREEMENT
237-21 INVALID. (a) Except for an employer's waiver under Chapter 204
237-22 and Section 205.011, an agreement by an individual to waive,
237-23 release, or commute the individual's right to benefits or any other
237-24 rights under this subtitle is not valid.
237-25 (b) An agreement by an individual employed by an employer to
237-26 pay all or a portion of a contribution or reimbursement required to
237-27 be paid by the employer under this subtitle is not valid.
238-1 (V.A.C.S. Art. 5221b-13(a) (part).)
238-2 Sec. 207.072. ACCEPTANCE OR REQUIREMENT OF WAIVER
238-3 PROHIBITED. An employer may not require or accept a waiver of a
238-4 right of an individual employed by the employer under this
238-5 subtitle. (V.A.C.S. Art. 5221b-13(a) (part).)
238-6 Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES. An employer
238-7 may not, directly or indirectly, make, require, or accept a
238-8 deduction from wages to finance a contribution or reimbursement
238-9 required to be paid by the employer under this subtitle. (V.A.C.S.
238-10 Art. 5221b-13(a) (part).)
238-11 Sec. 207.074. CRIMINAL OFFENSE; PENALTY. An employer, or
238-12 officer or agent of an employer, commits an offense if the person
238-13 violates Section 207.072 or 207.073. An offense under this section
238-14 is punishable by:
238-15 (1) a fine of not less than $100 and not more than
238-16 $1,000;
238-17 (2) imprisonment for not more than six months; or
238-18 (3) both a fine and imprisonment. (V.A.C.S. Art.
238-19 5221b-13(a) (part).)
238-20 Sec. 207.075. ASSIGNMENT OF BENEFITS PROHIBITED; BENEFIT
238-21 EXEMPTIONS. (a) An assignment, pledge, or encumbrance of a right
238-22 to benefits is not valid.
238-23 (b) A right to benefits is exempt from levy, execution,
238-24 attachment, or any other remedy for debt collection.
238-25 (c) Benefits received by an individual are exempt from debt
238-26 collection if the benefits are not mingled with other funds of the
238-27 individual except for debts incurred for necessaries furnished to
239-1 the individual or the individual's spouse or dependents during the
239-2 time that the individual was unemployed.
239-3 (d) A waiver of an exemption provided by this section is not
239-4 valid.
239-5 (e) Subchapter E prevails over this section to the extent of
239-6 any conflict. (V.A.C.S. Art. 5221b-13(c).)
239-7 Sec. 207.076. EQUAL TREATMENT. Benefits based on services
239-8 for all employers in employment are payable in the same amount, on
239-9 the same terms, and subject to the same conditions, except to the
239-10 extent that Section 207.041 is applicable. (V.A.C.S. Art.
239-11 5221b-1(f) (part).)
239-12 (Sections 207.077-207.090 reserved for expansion)
239-13 SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
239-14 Sec. 207.091. DEFINITIONS. In this subchapter:
239-15 (1) "Benefit" includes amounts payable by the
239-16 commission under an agreement entered under federal law that
239-17 provides for compensation, assistance, or allowances with respect
239-18 to unemployment.
239-19 (2) "Child support obligation" includes only an
239-20 obligation that is enforced under a plan described by Section 454
239-21 of the Social Security Act (42 U.S.C. Section 654) that has been
239-22 approved by the secretary of health and human services under
239-23 Subtitle IV, Part D, Social Security Act (42 U.S.C. Section 651 et
239-24 seq.).
239-25 (3) "State or local child support enforcement agency"
239-26 means an agency of the state or a political subdivision of the
239-27 state operating under a plan described by Subdivision (2).
240-1 (V.A.C.S. Arts. 5221b-13(d)(5), (7), (8).)
240-2 Sec. 207.092. DISCLOSURE OF CHILD SUPPORT OBLIGATIONS. (a)
240-3 An individual at the time of filing a new claim for benefits shall
240-4 disclose whether the individual owes a child support obligation.
240-5 (b) If the individual discloses a child support obligation
240-6 and the individual is determined to be eligible for benefits, the
240-7 commission shall notify the state or local child support
240-8 enforcement agency enforcing the child support obligation that the
240-9 individual has been determined to be eligible for benefits.
240-10 (V.A.C.S. Art. 5221b-13(d)(1).)
240-11 Sec. 207.093. WITHHOLDING OF CHILD SUPPORT BY COMMISSION.
240-12 (a) The commission shall withhold from the benefits payable to an
240-13 individual that owes a child support obligation an amount equal to:
240-14 (1) any amount required to be withheld under legal
240-15 process properly served on the commission;
240-16 (2) if Subdivision (1) does not apply, the amount
240-17 determined under an agreement submitted to the commission under
240-18 Section 454(20)(B)(i) of the Social Security Act (42 U.S.C. Section
240-19 654) by the state or local child support enforcement agency; or
240-20 (3) if neither Subdivision (1) or (2) applies, the
240-21 amount the individual specifies to the commission to be withheld.
240-22 (b) The commission shall pay the amount withheld under
240-23 Subsection (a) to the appropriate state or local child support
240-24 enforcement agency. The amount withheld shall be treated for all
240-25 purposes as if it were benefits paid to the individual and paid by
240-26 the individual to the state or local child support enforcement
240-27 agency in satisfaction of the individual's child support
241-1 obligation.
241-2 (c) This section applies only if appropriate arrangements
241-3 have been made for reimbursement to the commission by a state or
241-4 local child support enforcement agency for the administrative costs
241-5 incurred by the commission under this subchapter that are
241-6 attributable to the enforcement of child support obligations by the
241-7 state or local child support enforcement agency.
241-8 (d) In this section, "legal process" has the meaning
241-9 assigned by Section 462(e) of the Social Security Act (42 U.S.C.
241-10 Section 662). (V.A.C.S. Arts. 5221b-13(d)(2), (3), (4), (6).)
241-11 Sec. 207.094. FEDERAL LAW REQUIREMENT. (a) This subchapter
241-12 and Section 207.075(e) are enacted because Section 303(e) of the
241-13 Social Security Act (42 U.S.C. Section 503(e)) requires the
241-14 enactment of these provisions into state law as a condition for
241-15 federal funding of administration of the state unemployment
241-16 compensation laws.
241-17 (b) If Section 303(e) of the Social Security Act (42 U.S.C.
241-18 Section 503(e)) is repealed, this subchapter and Section 207.075(e)
241-19 are repealed. (V.A.C.S. Art. 5221b-13(d) (part).)
241-20 CHAPTER 208. BENEFIT CLAIMS
241-21 SUBCHAPTER A. FILING OF CLAIM
241-22 Sec. 208.001. FILING; INFORMATION NOTICES
241-23 Sec. 208.002. NOTICE OF INITIAL CLAIM
241-24 Sec. 208.003. NOTICE TO GOVERNMENTAL EMPLOYER
241-25 Sec. 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING CLAIM;
241-26 WAIVER
241-27 (Sections 208.005-208.020 reserved for expansion)
242-1 SUBCHAPTER B. CLAIM DETERMINATION
242-2 Sec. 208.021. INITIAL CLAIM DETERMINATION
242-3 Sec. 208.022. NOTICE OF INITIAL CLAIM DETERMINATION
242-4 Sec. 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY
242-5 CLAIMANT
242-6 CHAPTER 208. BENEFIT CLAIMS
242-7 SUBCHAPTER A. FILING OF CLAIM
242-8 Sec. 208.001. FILING; INFORMATION NOTICES. (a) An
242-9 unemployed individual who does not have a current benefit year may
242-10 file an initial claim in accordance with rules adopted by the
242-11 commission.
242-12 (b) The commission shall supply, without cost to each
242-13 employer, printed notices that provide general information about
242-14 filing a claim for unemployment benefits. Each employer shall post
242-15 and maintain the notices in places accessible to the individuals in
242-16 the employ of the employer. (V.A.C.S. Arts. 5221b-4(a), (b)
242-17 (part).)
242-18 Sec. 208.002. NOTICE OF INITIAL CLAIM. (a) The commission
242-19 shall mail a notice of the filing of an initial claim to the person
242-20 for whom the claimant last worked before the effective date of the
242-21 initial claim. If the person for whom the claimant last worked has
242-22 more than one branch or division operating at different locations,
242-23 the commission shall mail the notice to the branch or division at
242-24 which the claimant last worked.
242-25 (b) Mailing of a notice under this section to the correct
242-26 address of the person, branch, or division for which the claimant
242-27 last worked constitutes notice of the claim to the person.
243-1 (V.A.C.S. Art. 5221b-4(b) (part).)
243-2 Sec. 208.003. NOTICE TO GOVERNMENTAL EMPLOYER. (a) A
243-3 governmental employer may designate in writing to the commission an
243-4 address for mail service.
243-5 (b) If a governmental employer designates a mailing address
243-6 under Subsection (a), mailing of notice of claims, determinations,
243-7 or other decisions to that address constitutes notice to the
243-8 governmental employer. (V.A.C.S. Art. 5521b-4(b) (part).)
243-9 Sec. 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING CLAIM;
243-10 WAIVER. (a) A person to whom notice is mailed under Section
243-11 208.002 shall notify the commission promptly of any facts known to
243-12 the person that may:
243-13 (1) adversely affect the claimant's right to benefits;
243-14 or
243-15 (2) affect a charge to the person's account.
243-16 (b) A person who does not mail or otherwise deliver that
243-17 notification to the commission within 12 days after the date notice
243-18 of a claim was mailed to the person by the commission waives all
243-19 rights in connection with the claim, including rights the person
243-20 may have under Subchapter B, Chapter 204, other than rights
243-21 relating to a clerical or machine error as to the amount of the
243-22 person's chargeback or maximum potential chargeback in connection
243-23 with the claim for benefits. (V.A.C.S. Art. 5221b-4(b) (part).)
243-24 (Sections 208.005-208.020 reserved for expansion)
243-25 SUBCHAPTER B. CLAIM DETERMINATION
243-26 Sec. 208.021. INITIAL CLAIM DETERMINATION. (a) The
243-27 commission shall determine whether an initial claim is valid.
244-1 (b) For each valid initial claim, the commission shall
244-2 determine:
244-3 (1) the claimant's benefit year;
244-4 (2) the benefit amount for total unemployment; and
244-5 (3) the duration of benefits. (V.A.C.S. Art.
244-6 5221b-4(b) (part).)
244-7 Sec. 208.022. NOTICE OF INITIAL CLAIM DETERMINATION. The
244-8 commission shall mail a notice of the determination of an initial
244-9 claim to the claimant's last known address as shown by the
244-10 commission's records. (V.A.C.S. Art. 5221b-4(b) (part).)
244-11 Sec. 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY
244-12 CLAIMANT. A claimant may request a redetermination of or may
244-13 appeal the commission's determination of the validity of an initial
244-14 claim in the manner provided by Chapter 212. The claimant must
244-15 make the request not later than the 14th day after the date the
244-16 commission mailed notice of the determination to the claimant as
244-17 provided by Section 208.022. (V.A.C.S. Art. 5221b-4(b) (part).)
244-18 CHAPTER 209. EXTENDED BENEFITS
244-19 SUBCHAPTER A. GENERAL PROVISIONS
244-20 Sec. 209.001. DEFINITIONS
244-21 Sec. 209.002. APPLICATION OF PROVISIONS RELATING TO
244-22 REGULAR BENEFITS
244-23 Sec. 209.003. FINDINGS
244-24 (Sections 209.004-209.020 reserved for expansion)
244-25 SUBCHAPTER B. DETERMINATION OF EXTENDED BENEFIT PERIOD
244-26 Sec. 209.021. BEGINNING AND ENDING DATES FOR EXTENDED
244-27 BENEFIT PERIOD
245-1 Sec. 209.022. STATE "ON" AND "OFF" INDICATOR WEEKS
245-2 Sec. 209.023. RATE OF INSURED UNEMPLOYMENT
245-3 Sec. 209.024. PUBLIC ANNOUNCEMENT OF EXTENDED
245-4 BENEFIT PERIOD
245-5 (Sections 209.025-209.040 reserved for expansion)
245-6 SUBCHAPTER C. ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
245-7 Sec. 209.041. ELIGIBILITY FOR EXTENDED BENEFITS
245-8 Sec. 209.042. EXHAUSTION OF REGULAR BENEFITS
245-9 Sec. 209.043. REQUIREMENT TO SEEK WORK
245-10 Sec. 209.044. REQUIREMENT TO ACCEPT OR APPLY
245-11 FOR SUITABLE WORK
245-12 Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK
245-13 Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY
245-14 FOR SUITABLE WORK
245-15 Sec. 209.047. SUITABLE WORK
245-16 Sec. 209.048. DURATION OF INELIGIBILITY; WORK REQUIREMENTS
245-17 Sec. 209.049. INELIGIBILITY DUE TO DISQUALIFICATION
245-18 Sec. 209.050. INTERSTATE CLAIM
245-19 (Sections 209.051-209.060 reserved for expansion)
245-20 SUBCHAPTER D. AMOUNT OF EXTENDED BENEFITS
245-21 Sec. 209.061. WEEKLY EXTENDED BENEFIT AMOUNT
245-22 Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT
245-23 Sec. 209.063. EFFECT OF TRADE READJUSTMENT ALLOWANCES
245-24 (Sections 209.064-209.080 reserved for expansion)
245-25 SUBCHAPTER E. FINANCING OF EXTENDED BENEFITS
245-26 Sec. 209.081. UNEMPLOYMENT COMPENSATION FUND
245-27 Sec. 209.082. CHARGES TO REIMBURSING EMPLOYER
246-1 Sec. 209.083. CHARGES TO TAXED EMPLOYER
246-2 Sec. 209.084. CHARGES TO GOVERNMENTAL EMPLOYER
246-3 Sec. 209.085. NOTICE TO TAXED BASE PERIOD EMPLOYER
246-4 CHAPTER 209. EXTENDED BENEFITS
246-5 SUBCHAPTER A. GENERAL PROVISIONS
246-6 Sec. 209.001. DEFINITIONS. In this chapter:
246-7 (1) "Eligibility period" means the period consisting
246-8 of the benefit periods in an individual's benefit year that begin
246-9 in an extended benefit period and, if the individual's benefit year
246-10 ends within the extended benefit period, any subsequent benefit
246-11 periods that begin in the extended benefit period.
246-12 (2) "Extended benefit" means a benefit payable to an
246-13 individual under this chapter for a benefit period of unemployment
246-14 in the individual's eligibility period, including a benefit payable
246-15 to a federal civilian employee or to an ex-servicemember under 5
246-16 U.S.C. Chapter 85.
246-17 (3) "Regular benefit" means a benefit, other than an
246-18 extended benefit, payable to an individual under this subtitle or
246-19 another state unemployment compensation law, including a benefit
246-20 payable to a federal civilian employee or an ex-servicemember under
246-21 5 U.S.C. Chapter 85.
246-22 (4) "Secretary" means the United States secretary of
246-23 labor.
246-24 (5) "State unemployment compensation law" means the
246-25 unemployment compensation law of a state if the law is approved by
246-26 the secretary under Section 3304 of the Internal Revenue Code of
246-27 1986 (26 U.S.C. Section 3304). (New; V.A.C.S. Arts.
247-1 5221b-4a(a)(5), (6), (7), (9).)
247-2 Sec. 209.002. APPLICATION OF PROVISIONS RELATING TO REGULAR
247-3 BENEFITS. A provision of this subtitle or a commission rule
247-4 applicable to a claim for or the payment of regular benefits
247-5 applies to a claim for or the payment of extended benefits unless
247-6 the result of the application of the provision or rule is
247-7 inconsistent with this chapter. (V.A.C.S. Art. 5221b-4a(b).)
247-8 Sec. 209.003. FINDINGS. (a) The commission shall make
247-9 findings as necessary to determine an extended benefit period,
247-10 compute the rate of insured unemployment, and determine the
247-11 eligibility or ineligibility or disqualification of an individual
247-12 for extended benefits.
247-13 (b) A finding of an extended benefit period and a
247-14 computation of the rate of insured unemployment shall be made in
247-15 accordance with the rules of the secretary. (V.A.C.S. Arts.
247-16 5221b-4a(a)(2) (part), (3) (part), (c) (part), (f)(2), (h)(1)
247-17 (part).)
247-18 (Sections 209.004-209.020 reserved for expansion)
247-19 SUBCHAPTER B. DETERMINATION OF EXTENDED BENEFIT PERIOD
247-20 Sec. 209.021. BEGINNING AND ENDING DATES FOR EXTENDED
247-21 BENEFIT PERIOD. (a) Except as provided by Subsection (b), an
247-22 extended benefit period begins with the third week after a week
247-23 with a state "on" indicator.
247-24 (b) An extended benefit period may not begin before the 14th
247-25 week after the end of a previous extended benefit period in effect
247-26 for this state.
247-27 (c) An extended benefit period ends with the later of:
248-1 (1) the third week after the first week with a state
248-2 "off" indicator; or
248-3 (2) the 13th consecutive week of the period.
248-4 (V.A.C.S. Art. 5221b-4a(a)(1).)
248-5 Sec. 209.022. STATE "ON" AND "OFF" INDICATOR WEEKS. (a)
248-6 Except for a week to which Subsection (b) applies, a week is a
248-7 state "on" indicator week if the rate of insured unemployment for
248-8 the period consisting of that week and the preceding 12 weeks:
248-9 (1) is five percent or more; and
248-10 (2) equalled or exceeded 120 percent of the average of
248-11 the rates for the corresponding 13-week period ending in each of
248-12 the preceding two calendar years.
248-13 (b) If the determination that the week is a state "on"
248-14 indicator week would begin an extended benefit period, the week is
248-15 a state "on" indicator week if the rate of insured unemployment for
248-16 the period consisting of that week and the preceding 12 weeks is
248-17 six percent or more.
248-18 (c) Except for a week to which Subsection (d) applies, a
248-19 week is a state "off" indicator week if the rate of insured
248-20 unemployment for the period consisting of that week and the
248-21 preceding 12 weeks is less than:
248-22 (1) five percent; or
248-23 (2) 120 percent of the average of the rates for the
248-24 corresponding 13-week period ending in each of the preceding two
248-25 calendar years.
248-26 (d) If the determination that a week is a state "off"
248-27 indicator week would end an extended benefit period, the week is a
249-1 state "off" indicator week if the rate of insured unemployment for
249-2 the period consisting of that week and the preceding 12 weeks is
249-3 less than six percent.
249-4 (e) Notwithstanding Subsection (d), any week that would
249-5 otherwise be a state "on" indicator week under Subsection (a) may
249-6 not be a state "off" indicator week.
249-7 (f) The rate of insured unemployment as used in this section
249-8 is not to be seasonally adjusted. (V.A.C.S. Arts. 5221b-4a(a)(2)
249-9 (part), (3) (part).)
249-10 Sec. 209.023. RATE OF INSURED UNEMPLOYMENT. For the purpose
249-11 of Section 209.022, the rate of insured unemployment is computed
249-12 by:
249-13 (1) dividing:
249-14 (A) the average weekly number of individuals
249-15 filing claims for regular compensation in this state for weeks of
249-16 unemployment with respect to the most recent 13-consecutive-week
249-17 period, as determined by the commission from the commission's
249-18 reports to the secretary; by
249-19 (B) the average monthly employment covered under
249-20 this subtitle for the first four of the most recent six completed
249-21 calendar quarters ending before the end of the 13-week period; and
249-22 (2) multiplying the quotient by 100 to determine a
249-23 percentage rate. (V.A.C.S. Art. 5221b-4a(a)(4).)
249-24 Sec. 209.024. PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT
249-25 PERIOD. The commission shall publicly announce, in accordance with
249-26 commission rule, the beginning of each extended benefit period and
249-27 the termination of each extended benefit period. (V.A.C.S. Art.
250-1 5221b-4a(f)(1).)
250-2 (Sections 209.025-209.040 reserved for expansion)
250-3 SUBCHAPTER C. ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
250-4 Sec. 209.041. ELIGIBILITY FOR EXTENDED BENEFITS. An
250-5 individual is eligible to receive extended benefits for a benefit
250-6 period of unemployment in the individual's eligibility period if,
250-7 with respect to the benefit period, the individual:
250-8 (1) has exhausted all regular benefits; and
250-9 (2) satisfies the requirements of this subtitle for
250-10 the receipt of regular benefits that are applicable to an
250-11 individual claiming extended benefits, including not being
250-12 disqualified for the receipt of benefits. (V.A.C.S. Art.
250-13 5221b-4a(c) (part).)
250-14 Sec. 209.042. EXHAUSTION OF REGULAR BENEFITS. (a) An
250-15 individual has exhausted regular benefits with respect to a benefit
250-16 period of unemployment in the individual's eligibility period if
250-17 the individual:
250-18 (1) before that period:
250-19 (A) has received all of the regular benefits
250-20 available to the individual in the individual's current benefit
250-21 year that includes the benefit period; or
250-22 (B) had a benefit year expire and does not have
250-23 benefit wage credits sufficient to establish a new benefit year
250-24 that would include the benefit period;
250-25 (2) is not entitled to unemployment benefits or
250-26 allowances under the Railroad Unemployment Insurance Act (45 U.S.C.
250-27 Section 351 et seq.) or other federal law as specified in
251-1 regulations issued by the secretary; and
251-2 (3) has not received unemployment benefits under the
251-3 unemployment compensation law of Canada and is not seeking those
251-4 benefits, or has sought those benefits and the appropriate agency
251-5 finally determines that the individual is not entitled to benefits
251-6 under that law.
251-7 (b) For the purposes of Subsection (a)(1)(A), an individual
251-8 is considered to have received all of the regular benefits
251-9 available to the individual even if, as a result of a pending
251-10 appeal with respect to benefit wage credits not considered in the
251-11 original monetary determination in the individual's benefit year,
251-12 the individual may subsequently be determined to be entitled to
251-13 added regular benefits. (V.A.C.S. Art. 5221b-4a(a)(8).)
251-14 Sec. 209.043. REQUIREMENT TO SEEK WORK. (a) An individual
251-15 is ineligible for payment of extended benefits for a benefit period
251-16 in the individual's eligibility period if during that period the
251-17 individual failed to actively seek work.
251-18 (b) For purposes of Subsection (a), an individual is
251-19 actively seeking work during a benefit period if the individual:
251-20 (1) engages in a systematic and sustained effort to
251-21 obtain work during the benefit period; and
251-22 (2) furnishes tangible evidence of that effort.
251-23 (V.A.C.S. Arts. 5221b-4a(h)(1) (part), (5).)
251-24 Sec. 209.044. REQUIREMENT TO ACCEPT OR APPLY FOR SUITABLE
251-25 WORK. An individual is ineligible for payment of extended benefits
251-26 for a benefit period in the individual's eligibility period if
251-27 during that period the individual failed to:
252-1 (1) accept an offer of suitable work; or
252-2 (2) apply for suitable work to which the individual
252-3 was referred by the commission. (V.A.C.S. Art. 5221b-4a(h)(1)
252-4 (part).)
252-5 Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK.
252-6 The employment service shall refer a claimant entitled to extended
252-7 benefits to suitable work that meets the standards prescribed in
252-8 Sections 209.046, 209.047(a), and 209.047(b). (V.A.C.S. Art.
252-9 5221b-4a(h)(6).)
252-10 Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY
252-11 FOR SUITABLE WORK. An individual may not be denied extended
252-12 benefits for failure to accept a job offer of suitable work or
252-13 apply for suitable work if:
252-14 (1) the work was not offered to the individual in
252-15 writing and was not listed with the employment service; or
252-16 (2) failure to accept or apply for the work would not
252-17 result in a denial of benefits under the applicable suitable work
252-18 requirements for a regular benefit claimant in Section 207.008, to
252-19 the extent that the standards of suitability in that section are
252-20 not inconsistent with Section 209.047. (V.A.C.S. Art.
252-21 5221b-4a(h)(3) (part).)
252-22 Sec. 209.047. SUITABLE WORK. (a) For the purposes of this
252-23 subchapter, and subject to Subsections (b) and (c), suitable work
252-24 for an individual is work:
252-25 (1) within the individual's capabilities;
252-26 (2) for which the gross average weekly remuneration
252-27 payable exceeds the sum of:
253-1 (A) the individual's weekly extended benefit
253-2 amount computed under Section 209.061; and
253-3 (B) the amount, if any, of supplemental
253-4 unemployment compensation benefits, as defined in Section
253-5 501(c)(17)(D) of the Internal Revenue Code of 1986 (26 U.S.C.
253-6 Section 501(c)(17)(D)), payable to the individual for that week;
253-7 and
253-8 (3) that pays wages not less than the greater of:
253-9 (A) the minimum wage under Section 6(a)(1) of
253-10 the Fair Labor Standards Act of 1938 (29 U.S.C. Section 206(a)(1)),
253-11 without regard to any exemption; or
253-12 (B) the applicable state or local minimum wage.
253-13 (b) If an individual furnishes satisfactory evidence to the
253-14 commission that the individual's prospects for obtaining work in
253-15 the individual's customary occupation within a reasonably short
253-16 period are good, the determination of whether work is suitable for
253-17 that individual shall be made in accordance with the provisions of
253-18 Section 207.008 applicable to suitable work for a claimant for
253-19 regular benefits, without regard to the standards of suitability in
253-20 Section 209.046 and this section.
253-21 (c) Work that does not accord with the labor standard
253-22 provisions required by Section 3304(a)(5) of the Internal Revenue
253-23 Code of 1986 (26 U.S.C. Section 3304(a)(5)) is not suitable work
253-24 for an individual. (V.A.C.S. Arts. 5221b-4a(h)(3) (part), (4).)
253-25 Sec. 209.048. DURATION OF INELIGIBILITY; WORK REQUIREMENTS.
253-26 An individual ineligible for extended benefits under Section
253-27 209.043 or 209.044 is ineligible for benefits for a period:
254-1 (1) beginning with the first day of the week following
254-2 the week in which the individual is ineligible under those
254-3 sections; and
254-4 (2) ending when the individual has been employed in
254-5 each of four subsequent weeks, consecutive or nonconsecutive, and
254-6 has earned remuneration in an amount not less than four times the
254-7 weekly extended benefit amount. (V.A.C.S. Art. 5221b-4a(h)(2).)
254-8 Sec. 209.049. INELIGIBILITY DUE TO DISQUALIFICATION. (a)
254-9 Except as provided by Subsection (b), an individual is ineligible
254-10 to receive extended benefits for a benefit period in the
254-11 individual's eligibility period if the individual has been
254-12 disqualified for regular or extended benefits under this subtitle
254-13 because the individual:
254-14 (1) voluntarily left work;
254-15 (2) was discharged for misconduct; or
254-16 (3) failed to accept an offer of or apply for suitable
254-17 work.
254-18 (b) Subsection (a) does not apply if the disqualification is
254-19 terminated in accordance with specific conditions established under
254-20 this subtitle requiring the individual to perform service for
254-21 remuneration after the date of the disqualification. (V.A.C.S.
254-22 Art. 5221b-4a(h)(7).)
254-23 Sec. 209.050. INTERSTATE CLAIM. (a) An individual is
254-24 ineligible for extended benefits payable for a benefit period under
254-25 an interstate claim filed in any state under an interstate benefit
254-26 payment plan if an extended benefit period is not in effect for the
254-27 benefit period in that state.
255-1 (b) Subsection (a) does not apply to the first two benefit
255-2 periods for which extended benefits are payable under an interstate
255-3 claim filed under an interstate benefit payment plan, regardless of
255-4 whether an extended benefit period is in effect for the state, to
255-5 the individual from the extended benefit account established for
255-6 the individual with respect to the benefit year. (V.A.C.S. Art.
255-7 5221b-4a(j).)
255-8 (Sections 209.051-209.060 reserved for expansion)
255-9 SUBCHAPTER D. AMOUNT OF EXTENDED BENEFITS
255-10 Sec. 209.061. WEEKLY EXTENDED BENEFIT AMOUNT. The weekly
255-11 extended benefit amount payable to an individual for a benefit
255-12 period of total unemployment in the individual's eligibility period
255-13 is equal to the weekly benefit amount payable to the individual
255-14 during the individual's applicable benefit year. (V.A.C.S. Art.
255-15 5221b-4a(d).)
255-16 Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT. The
255-17 total extended benefit amount payable to an eligible individual for
255-18 the individual's eligibility period is 50 percent of the total
255-19 amount of regular benefits that were payable to the individual
255-20 under this subtitle in the individual's applicable benefit year.
255-21 (V.A.C.S. Art. 5221b-4a(e).)
255-22 Sec. 209.063. EFFECT OF TRADE READJUSTMENT ALLOWANCES. (a)
255-23 Notwithstanding any other provision of this subtitle, the remaining
255-24 balance of extended benefits that an individual would otherwise be
255-25 entitled to receive in an extended benefit period for benefit
255-26 periods beginning after the end of a benefit year is reduced as
255-27 provided by Subsections (b) and (c) if:
256-1 (1) the benefit year of the individual ends within an
256-2 extended benefit period; and
256-3 (2) the individual receives trade readjustment
256-4 allowances under the Trade Act of 1974 (19 U.S.C. Section 2101 et
256-5 seq.) within that benefit year.
256-6 (b) The balance is reduced by an amount equal to the product
256-7 of:
256-8 (1) the number of benefit periods for which the
256-9 individual received trade readjustment allowances within that
256-10 benefit year; and
256-11 (2) the individual's weekly benefit amount for
256-12 extended benefits.
256-13 (c) The balance may not be reduced to less than zero.
256-14 (V.A.C.S. Art. 5221b-4a(i).)
256-15 (Sections 209.064-209.080 reserved for expansion)
256-16 SUBCHAPTER E. FINANCING OF EXTENDED BENEFITS
256-17 Sec. 209.081. UNEMPLOYMENT COMPENSATION FUND. (a) Extended
256-18 benefits shall be paid from the compensation fund.
256-19 (b) Payments made by the federal government for its share of
256-20 extended benefits shall be deposited in the compensation fund.
256-21 (V.A.C.S. Arts. 5221b-4a(g)(1), (2).)
256-22 Sec. 209.082. CHARGES TO REIMBURSING EMPLOYER. Fifty
256-23 percent of the extended benefit payments based on benefit wage
256-24 credits from a reimbursing employer shall be charged to the
256-25 employer's account and reimbursed by the employer in the same
256-26 manner as a regular benefit payment. Those payments may not be
256-27 used in determining the replenishment ratio in Section 204.045.
257-1 (V.A.C.S. Art. 5221b-4a(g)(3).)
257-2 Sec. 209.083. CHARGES TO TAXED EMPLOYER. (a) Fifty percent
257-3 of extended benefit payments based on benefit wage credits from a
257-4 taxed employer are chargebacks and must be used in determining the
257-5 employer's benefit ratio unless regular benefits paid to the
257-6 individual were determined not to be charged back against the
257-7 employer's account.
257-8 (b) Fifty percent of extended benefit payments based on
257-9 benefit wage credits from a taxed employer, regardless of whether
257-10 charged to an employer, shall be used in the numerator of the
257-11 replenishment ratio in Section 204.045(b). Chargebacks resulting
257-12 from the payment of extended benefits shall be used in the
257-13 denominator of the replenishment ratio in Section 204.045.
257-14 (V.A.C.S. Art. 5221b-4a(g)(4).)
257-15 Sec. 209.084. CHARGES TO GOVERNMENTAL EMPLOYER. The total
257-16 amount of extended benefit payments shall be charged to the
257-17 employer if the payments are based on benefit wage credits earned
257-18 from:
257-19 (1) a state;
257-20 (2) any political subdivision of a state; or
257-21 (3) any instrumentality of any one or more states or
257-22 political subdivisions that is wholly owned by one or more states
257-23 or political subdivisions. (V.A.C.S. Art. 5221b-4a(g)(6) (part).)
257-24 Sec. 209.085. NOTICE TO TAXED BASE PERIOD EMPLOYER. (a)
257-25 The notice to a taxed base period employer of a claim for benefits
257-26 under Section 204.023 or 204.027 must state that if the claim
257-27 results in the payment of extended benefits, the maximum potential
258-1 chargeback may be increased by as much as 25 percent. Further
258-2 notice to the employer of the potential chargeback is not required
258-3 when the extended benefits are paid.
258-4 (b) A taxed employer subject to Section 209.084 is entitled
258-5 to receive notice that its maximum potential chargeback may be
258-6 increased by as much as 50 percent rather than 25 percent as
258-7 provided for other employers. (V.A.C.S. Arts. 5221b-4a(g)(5), (6)
258-8 (part).)
258-9 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
258-10 SUBCHAPTER A. BACK PAY AWARDS
258-11 Sec. 210.001. NOTICE OF BACK PAY AWARD REDUCTION
258-12 Sec. 210.002. REIMBURSEMENT BY EMPLOYER FOR REDUCTION
258-13 OF BACK PAY AWARD
258-14 Sec. 210.003. EMPLOYEE'S LIABILITY; SOLE LIABILITY
258-15 OF EMPLOYER
258-16 (Sections 210.004-210.010 reserved for expansion)
258-17 SUBCHAPTER B. LOST OR MISPLACED WARRANTS
258-18 Sec. 210.011. DUPLICATE FOR LOST OR MISPLACED WARRANT
258-19 Sec. 210.012. CANCELLATION OF WARRANT
258-20 Sec. 210.013. DEADLINE FOR ISSUANCE OF DUPLICATE WARRANT
258-21 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
258-22 SUBCHAPTER A. BACK PAY AWARDS
258-23 Sec. 210.001. NOTICE OF BACK PAY AWARD REDUCTION. If a back
258-24 pay award to a claimant is reduced because of the receipt of
258-25 unemployment compensation benefits by the claimant, the employer
258-26 against whom the back pay award was made shall notify the
258-27 commission of the back pay award in writing not later than the 12th
259-1 day after the date on which the employer learns about the
259-2 reduction. (V.A.C.S. Art. 5221b-5c(a).)
259-3 Sec. 210.002. REIMBURSEMENT BY EMPLOYER FOR REDUCTION OF
259-4 BACK PAY AWARD. (a) Subject to Subsection (b), an employer who is
259-5 assessed a back pay award that is reduced because of the receipt of
259-6 unemployment compensation benefits by the claimant shall reimburse
259-7 the compensation fund for benefits paid from the compensation fund
259-8 in an amount equal to the amount of the reduction in the back pay
259-9 award.
259-10 (b) An employer is not liable under this section to pay more
259-11 than the amount that the commission determines the claimant was
259-12 overpaid unemployment compensation benefits because of the back pay
259-13 award.
259-14 (c) An employer shall reimburse the compensation fund as
259-15 provided by rules adopted by the commission.
259-16 (d) The commission shall credit the payment of reimbursement
259-17 by an employer against the overpayment of benefits. (V.A.C.S.
259-18 Arts. 5221b-5c(b), (c) (part).)
259-19 Sec. 210.003. EMPLOYEE'S LIABILITY; SOLE LIABILITY OF
259-20 EMPLOYER. A claimant is not liable for an overpayment of benefits
259-21 that results from a back pay award and for which the employer
259-22 against whom the award is made is required under Section 210.002 to
259-23 reimburse the compensation fund, and the employer's liability is
259-24 the only liability because of the overpayment. This section
259-25 prevails over any conflicting provision of this subtitle.
259-26 (V.A.C.S. Art. 5221b-5c(c) (part).)
259-27 (Sections 210.004-210.010 reserved for expansion)
260-1 SUBCHAPTER B. LOST OR MISPLACED WARRANTS
260-2 Sec. 210.011. DUPLICATE FOR LOST OR MISPLACED WARRANT. (a)
260-3 The comptroller may issue to a claimant a duplicate warrant for a
260-4 warrant issued in payment of benefits under this subtitle if:
260-5 (1) the claimant entitled to receive the warrant loses
260-6 or for any reason fails to receive the warrant; and
260-7 (2) there is satisfactory proof of the loss or failure
260-8 to receive the warrant.
260-9 (b) The duplicate warrant shall be issued as provided by
260-10 Section 403.054, Government Code. (V.A.C.S. Art. 5221b-7(d)
260-11 (part).)
260-12 Sec. 210.012. CANCELLATION OF WARRANT. If a claimant fails
260-13 or refuses to present a warrant issued for benefits before the
260-14 first anniversary of the date on which the warrant was issued, the
260-15 warrant is canceled, and the treasurer may not pay the warrant.
260-16 (V.A.C.S. Art. 5221b-7(d) (part).)
260-17 Sec. 210.013. DEADLINE FOR ISSUANCE OF DUPLICATE WARRANT. A
260-18 duplicate warrant may not be issued under this chapter after the
260-19 first anniversary of the date of the original warrant. (V.A.C.S.
260-20 Art. 5221b-7(d) (part).)
260-21 CHAPTER 211. RECIPROCAL ARRANGEMENTS
260-22 Sec. 211.001. LOCATION OF SERVICE FOR UNEMPLOYMENT
260-23 INSURANCE PURPOSES
260-24 Sec. 211.002. LOCATION OF SERVICE OF STATE EMPLOYEES
260-25 Sec. 211.003. COMBINATION OF WAGES AND EMPLOYMENT
260-26 Sec. 211.004. OFFSET FOR OVERPAYMENT OF
260-27 UNEMPLOYMENT BENEFITS
261-1 Sec. 211.005. INTERSTATE OR FOREIGN COMMERCE
261-2 Sec. 211.006. RECIPROCAL TREATMENT BY FEDERAL AGENCY
261-3 CHAPTER 211. RECIPROCAL ARRANGEMENTS
261-4 Sec. 211.001. LOCATION OF SERVICE FOR UNEMPLOYMENT INSURANCE
261-5 PURPOSES. The commission may enter into arrangements with an
261-6 appropriate agency of another state or a federal agency under which
261-7 an individual performing services in this and one or more other
261-8 states for an employing unit is considered to be engaged in
261-9 employment entirely in:
261-10 (1) this state;
261-11 (2) one of the other states in which the individual
261-12 performs some of the services;
261-13 (3) the state of the individual's residence; or
261-14 (4) the state in which the employing unit maintains a
261-15 place of business. (V.A.C.S. Art. 5221b-15a(a).)
261-16 Sec. 211.002. LOCATION OF SERVICE OF STATE EMPLOYEES. (a)
261-17 The commission may enter into a reciprocal arrangement with the
261-18 appropriate agency of another state under which a state employee
261-19 who performs services in the state that is not the employing state
261-20 is considered to be engaged in employment performed entirely in the
261-21 employing state.
261-22 (b) The commission shall enter the arrangement on request of
261-23 an agency of this state that has an employee performing a service
261-24 in another state. (V.A.C.S. Art. 5221b-15a(e).)
261-25 Sec. 211.003. COMBINATION OF WAGES AND EMPLOYMENT. The
261-26 commission shall participate in an arrangement for the payment of
261-27 benefits determined by combining an individual's wages and
262-1 employment covered under this subtitle and the wages and employment
262-2 covered under the unemployment compensation laws of another state
262-3 or the United States, or both, if the arrangement is approved by
262-4 the United States secretary of labor in consultation with the state
262-5 unemployment compensation agencies as reasonably calculated to
262-6 ensure the prompt and full payment of benefits. The arrangement
262-7 must provide for:
262-8 (1) applying the base period of one unemployment
262-9 compensation law to a claim that combines an individual's wages and
262-10 employment covered under two or more unemployment compensation
262-11 laws; and
262-12 (2) avoiding the duplicate use of wages and employment
262-13 because of the combination. (V.A.C.S. Art. 5221b-15a(b).)
262-14 Sec. 211.004. OFFSET FOR OVERPAYMENT OF UNEMPLOYMENT
262-15 BENEFITS. (a) Notwithstanding any other provision of this
262-16 subtitle, the commission may enter into a reciprocal arrangement
262-17 with an appropriate state or federal agency, or both, that
262-18 provides:
262-19 (1) an overpayment of benefits under this subtitle is
262-20 recovered by offset from unemployment benefits otherwise payable
262-21 under the unemployment compensation law of another state or of the
262-22 United States; and
262-23 (2) an overpayment of unemployment benefits under the
262-24 unemployment compensation law of the other state or the United
262-25 States are recovered by offset from benefits payable under this
262-26 subtitle.
262-27 (b) A procedure for notice and opportunity for a hearing
263-1 that applies to the recovery of an overpayment of unemployment
263-2 benefits paid under this subtitle applies to an offset of those
263-3 benefits under this section.
263-4 (c) In this section, "unemployment benefits" means
263-5 unemployment compensation benefits, trade adjustment allowances,
263-6 and other unemployment assistance. (V.A.C.S. Art. 5221b-15a(f).)
263-7 Sec. 211.005. INTERSTATE OR FOREIGN COMMERCE. The
263-8 commission may enter into a reciprocal arrangement with the
263-9 appropriate agency of another state or federal agency, or both,
263-10 under which service on a vessel or aircraft engaged in interstate
263-11 or foreign commerce for a single employer is considered to be
263-12 performed in this state or in another state, regardless of where
263-13 the service is performed. (V.A.C.S. Art. 5221b-15a(d).)
263-14 Sec. 211.006. RECIPROCAL TREATMENT BY FEDERAL AGENCY. (a)
263-15 The commission may enter into an agreement with the proper agency
263-16 under an Act of Congress establishing an unemployment compensation
263-17 system to provide reciprocal treatment to an individual:
263-18 (1) who has acquired a right to unemployment
263-19 compensation under the Act of Congress after acquiring a potential
263-20 right to benefits under this subtitle; or
263-21 (2) who has acquired a right to benefits under this
263-22 subtitle after acquiring a potential right to unemployment
263-23 compensation under the Act of Congress.
263-24 (b) An agreement under this section takes effect 10 days
263-25 after the date on which the agreement is published in the manner
263-26 provided for a rule. (V.A.C.S. Art. 5221b-17(g)(5)(A) (part).)
263-27 CHAPTER 212. DISPUTE RESOLUTION
264-1 SUBCHAPTER A. GENERAL PROVISIONS
264-2 Sec. 212.001. PROCEDURES
264-3 Sec. 212.002. RECORD
264-4 Sec. 212.003. WITNESS FEES
264-5 Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL
264-6 Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
264-7 DECISION ALLOWING BENEFITS PROHIBITED
264-8 Sec. 212.006. RECOVERY OF BENEFITS PAID
264-9 (Sections 212.007-212.050 reserved for expansion)
264-10 SUBCHAPTER B. EXAMINERS
264-11 Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION
264-12 Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S
264-13 OWN MOTION
264-14 Sec. 212.053. DETERMINATION FINAL; APPEAL
264-15 Sec. 212.054. REDETERMINATION BY EXAMINER
264-16 (Sections 212.055-212.100 reserved for expansion)
264-17 SUBCHAPTER C. APPEAL TRIBUNALS
264-18 Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS
264-19 Sec. 212.102. ACTION BY APPEAL TRIBUNAL
264-20 Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION
264-21 Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION
264-22 Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE
264-23 APPEAL TRIBUNAL
264-24 (Sections 212.106-212.150 reserved for expansion)
264-25 SUBCHAPTER D. COMMISSION REVIEW
264-26 Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION
264-27 Sec. 212.152. NOTICE OF COMMISSION ACTION
265-1 Sec. 212.153. FINALITY OF COMMISSION DECISION
265-2 (Sections 212.154-212.200 reserved for expansion)
265-3 SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
265-4 Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS
265-5 Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
265-6 NECESSARY
265-7 Sec. 212.203. EXHAUSTION OF REMEDIES
265-8 Sec. 212.204. FILING OF ACTION
265-9 Sec. 212.205. PETITION; SUPERSEDEAS
265-10 Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL REVIEW;
265-11 NOTICE OF PETITION
265-12 Sec. 212.207. REPRESENTATION OF COMMISSION
265-13 Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS
265-14 Sec. 212.209. ENTRY OF COMMISSION ORDER ON FINAL DETERMINATION
265-15 OF JUDICIAL PROCEEDING
265-16 Sec. 212.210. APPEAL BOND NOT REQUIRED
265-17 CHAPTER 212. DISPUTE RESOLUTION
265-18 SUBCHAPTER A. GENERAL PROVISIONS
265-19 Sec. 212.001. PROCEDURES. The manner in which disputed
265-20 claims are presented, the reports on disputed claims required from
265-21 claimants, employers, or other persons, and the conduct of hearings
265-22 and appeals must be in accordance with rules adopted by the
265-23 commission for determining the rights of parties to disputed
265-24 claims. (V.A.C.S. Art. 5221b-4(f) (part).)
265-25 Sec. 212.002. RECORD. (a) A complete record shall be kept
265-26 of proceedings in connection with a disputed claim.
265-27 (b) Testimony at any hearing on a disputed claim shall be
266-1 recorded. (V.A.C.S. Art. 5221b-4(f) (part).)
266-2 Sec. 212.003. WITNESS FEES. (a) A witness subpoenaed under
266-3 this chapter is entitled to a fee at a rate set by the commission.
266-4 (b) The witness fee is an expense of administering this
266-5 subtitle. (V.A.C.S. Art. 5221b-4(g).)
266-6 Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL. (a)
266-7 Except as otherwise provided by this section, benefits shall be
266-8 paid in accordance with a final determination.
266-9 (b) Benefits shall be paid promptly in accordance with:
266-10 (1) a determination or redetermination of an examiner;
266-11 (2) a decision of an appeal tribunal;
266-12 (3) a decision of the commission; or
266-13 (4) a decision of a reviewing court.
266-14 (c) Subsection (b) applies without regard to:
266-15 (1) any provision of this subtitle under which
266-16 benefits may be paid or denied; or
266-17 (2) the pendency of:
266-18 (A) a period to:
266-19 (i) apply for reconsideration;
266-20 (ii) file an appeal; or
266-21 (iii) petition for judicial review;
266-22 (B) an application for reconsideration;
266-23 (C) an appeal; or
266-24 (D) a petition for judicial review.
266-25 (d) Benefits paid under a determination, redetermination, or
266-26 decision continue until the determination, redetermination, or
266-27 decision is modified or reversed by a subsequent redetermination or
267-1 decision, and shall be paid or denied in accordance with the
267-2 modifying or reversing redetermination or decision. (V.A.C.S. Art.
267-3 5221b-4(b) (part).)
267-4 Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
267-5 DECISION ALLOWING BENEFITS PROHIBITED. A chargeback may not be
267-6 made to an employer's account because of payments having been made
267-7 under a determination or decision to the claimant for any benefit
267-8 period with regard to which the claimant is finally denied benefits
267-9 by a modification or reversal of the determination or decision.
267-10 (V.A.C.S. Art. 5221b-4(b) (part).)
267-11 Sec. 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits paid
267-12 to a claimant that are not in accordance with the final
267-13 determination or decision shall be:
267-14 (1) refunded by the claimant to the commission; or
267-15 (2) in the discretion of the commission, deducted from
267-16 future benefits payable to the claimant under this subtitle.
267-17 (b) Benefits paid that are not in accordance with the final
267-18 determination or decision are also collectible in the manner
267-19 provided by Sections 213.031, 213.032, 213.033, 213.035, and
267-20 213.051 for the collection of past due contributions. (V.A.C.S.
267-21 Art. 5221b-4(b) (part).)
267-22 (Sections 212.007-212.050 reserved for expansion)
267-23 SUBCHAPTER B. EXAMINERS
267-24 Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION.
267-25 (a) If the person for which a claimant last worked files a
267-26 notification with the commission as provided by Section 208.004, an
267-27 examiner shall determine:
268-1 (1) whether the claimant is disqualified from
268-2 receiving benefits under Sections 207.044-207.053;
268-3 (2) the resolution of any other issue affecting the
268-4 claimant's right to receive benefits that arises under any other
268-5 provision of this subtitle; and
268-6 (3) whether, if benefits are to be paid to the
268-7 claimant, a chargeback is to be made to the person's account.
268-8 (b) The examiner shall mail a copy of the determination to
268-9 the claimant and:
268-10 (1) the person for which the claimant last worked;
268-11 (2) the branch or division for which the claimant last
268-12 worked; or
268-13 (3) the address for mail service designated by a
268-14 governmental employer. (V.A.C.S. Art. 5221b-4(b) (part).)
268-15 Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S OWN
268-16 MOTION. (a) If a notification as provided by Section 208.004 from
268-17 the person for which a claimant last worked is not filed, and
268-18 information on the claim or other information secured raises an
268-19 issue affecting the claimant's right to benefits under this
268-20 subtitle, an examiner shall determine whether the claimant is to
268-21 receive benefits.
268-22 (b) The examiner shall mail a copy of the determination to
268-23 the claimant at the claimant's last known address. (V.A.C.S. Art.
268-24 5221b-4(b) (part).)
268-25 Sec. 212.053. DETERMINATION FINAL; APPEAL. An examiner's
268-26 determination is final for all purposes unless:
268-27 (1) the claimant or the person or branch for which the
269-1 claimant last worked and to whom the copy of the determination is
269-2 mailed files an appeal from the determination not later than the
269-3 14th calendar day after the date on which the copy of the
269-4 determination is mailed to the last known address of the claimant,
269-5 person, or branch as shown by commission records;
269-6 (2) an examiner files an appeal from the determination
269-7 within the period specified in Subdivision (1); or
269-8 (3) an examiner makes a redetermination as provided by
269-9 Section 212.054. (V.A.C.S. Art. 5221b-4(b) (part).)
269-10 Sec. 212.054. REDETERMINATION BY EXAMINER. (a) If an
269-11 examiner discovers an error in connection with a determination or
269-12 discovers additional information not previously available, the
269-13 examiner, within the period specified in Section 212.053(1), may
269-14 reconsider and redetermine the determination.
269-15 (b) An examiner's redetermination replaces the original
269-16 determination and becomes final unless the claimant or the person
269-17 for which the claimant last worked files an appeal from the
269-18 redetermination not later than the 14th calendar day after the date
269-19 on which a copy of the redetermination is mailed to the claimant's
269-20 or person's last known address as shown by commission records.
269-21 (V.A.C.S. Art. 5221b-4(b) (part).)
269-22 (Sections 212.055-212.100 reserved for expansion)
269-23 SUBCHAPTER C. APPEAL TRIBUNALS
269-24 Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS. (a) The
269-25 commission shall establish one or more impartial appeal tribunals
269-26 to hear and decide disputed claims if the establishment of those
269-27 appeal tribunals is necessary to ensure prompt disposal of cases on
270-1 appeal.
270-2 (b) An appeal tribunal is composed of a salaried examiner.
270-3 (V.A.C.S. Art. 5221b-4(d).)
270-4 Sec. 212.102. ACTION BY APPEAL TRIBUNAL. Unless the appeal
270-5 is withdrawn, an appeal tribunal shall affirm or modify the
270-6 determination of the examiner after giving the parties reasonable
270-7 opportunity for fair hearing. (V.A.C.S. Art. 5221b-4(c) (part).)
270-8 Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION. The parties
270-9 to an appeal shall be notified of the appeal tribunal's decision
270-10 and the reasons for the decision. (V.A.C.S. Art. 5221b-4(c)
270-11 (part).)
270-12 Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION.
270-13 The decision of an appeal tribunal is the final decision of the
270-14 commission unless further appeal is initiated as provided by
270-15 Section 212.151 not later than the 14th day after the date the
270-16 decision is mailed. (V.A.C.S. Art. 5221b-4(c) (part).)
270-17 Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE
270-18 APPEAL TRIBUNAL. (a) The commission may remove to itself or
270-19 transfer to another appeal tribunal the proceedings on a claim
270-20 pending before an appeal tribunal.
270-21 (b) A quorum of the commission shall hear a proceeding
270-22 removed to the commission under Subsection (a).
270-23 (c) The commission promptly shall mail to the parties before
270-24 it a copy of its findings and decision. (V.A.C.S. Art. 5221b-4(e)
270-25 (part).)
270-26 (Sections 212.106-212.150 reserved for expansion)
270-27 SUBCHAPTER D. COMMISSION REVIEW
271-1 Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION. The
271-2 commission may:
271-3 (1) on its own motion:
271-4 (A) affirm, modify, or set aside any decision of
271-5 an appeal tribunal on the basis of the evidence previously
271-6 submitted in the case; or
271-7 (B) direct the taking of additional evidence; or
271-8 (2) permit any of the parties to the decision to
271-9 initiate a further appeal before the commission. (V.A.C.S. Art.
271-10 5221b-4(e) (part).)
271-11 Sec. 212.152. NOTICE OF COMMISSION ACTION. The commission
271-12 promptly shall mail to the parties before it a copy of its findings
271-13 and decision. (V.A.C.S. Art. 5221b-4(e) (part).)
271-14 Sec. 212.153. FINALITY OF COMMISSION DECISION. A decision
271-15 of the commission becomes final 14 days after the date the decision
271-16 is mailed unless before that date:
271-17 (1) the commission by order reopens the appeal; or
271-18 (2) a party to the appeal files a written motion for
271-19 rehearing. (V.A.C.S. Art. 5221b-4(h) (part).)
271-20 (Sections 212.154-212.200 reserved for expansion)
271-21 SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
271-22 Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS.
271-23 (a) A party aggrieved by a final decision of the commission may
271-24 obtain judicial review of the decision by bringing an action in a
271-25 court of competent jurisdiction for review of the decision against
271-26 the commission on or after the date on which the decision is final,
271-27 and not later than the 14th day after that date.
272-1 (b) Each other party to the proceeding before the commission
272-2 must be made a defendant in an action under this subchapter.
272-3 (V.A.C.S. Art. 5221b-4(i) (part).)
272-4 Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
272-5 NECESSARY. (a) Judicial review under this subchapter is by trial
272-6 de novo.
272-7 (b) It is not necessary in a judicial proceeding under this
272-8 subchapter to enter exceptions to the rulings of the commission.
272-9 (V.A.C.S. Art. 5221b-4(i) (part).)
272-10 Sec. 212.203. EXHAUSTION OF REMEDIES. (a) A party claiming
272-11 to be aggrieved by a final decision of the commission may not
272-12 obtain judicial review of the decision unless the party has
272-13 exhausted the party's remedies before the commission as provided by
272-14 this subtitle.
272-15 (b) The exhaustion of those remedies does not include a
272-16 motion for rehearing. (V.A.C.S. Art. 5221b-4(h) (part).)
272-17 Sec. 212.204. FILING OF ACTION. An action under this
272-18 subchapter must be filed:
272-19 (1) in the county of the claimant's residence; or
272-20 (2) if the claimant is not a resident of this state,
272-21 in:
272-22 (A) Travis County;
272-23 (B) the county in this state in which the
272-24 claimant's last employer has its principal place of business; or
272-25 (C) the county of the claimant's last residence
272-26 in this state. (V.A.C.S. Art. 5221b-4(i) (part).)
272-27 Sec. 212.205. PETITION; SUPERSEDEAS. (a) A petition in an
273-1 action under this subchapter must state the grounds on which review
273-2 is sought.
273-3 (b) A petition for judicial review does not act as a
273-4 supersedeas. (V.A.C.S. Art. 5221b-4(i) (part).)
273-5 Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL
273-6 REVIEW; NOTICE OF PETITION. (a) The commission is considered a
273-7 party to any judicial action involving a final decision of the
273-8 commission.
273-9 (b) A petition to bring an action under this subchapter must
273-10 be served on:
273-11 (1) a member of the commission; or
273-12 (2) a person designated by the commission.
273-13 (c) As many copies of the petition as there are defendants
273-14 must be left with the party served under Subsection (b). The
273-15 commission immediately shall mail one copy of the petition to each
273-16 defendant.
273-17 (d) Service in compliance with this section constitutes
273-18 completed service on all defendants. (V.A.C.S. Arts. 5221b-4(h)
273-19 (part), (i) (part).)
273-20 Sec. 212.207. REPRESENTATION OF COMMISSION. The commission
273-21 may be represented in any judicial action involving a final
273-22 decision of the commission by any qualified attorney who:
273-23 (1) is a regular salaried employee of the commission;
273-24 and
273-25 (2) has been appointed for that purpose by the
273-26 attorney general. (V.A.C.S. Art. 5221b-4(h) (part).)
273-27 Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS. An
274-1 action under this subchapter shall be given precedence over all
274-2 other civil cases except cases arising under the workers'
274-3 compensation laws of this state. (V.A.C.S. Art. 5221b-4(i)
274-4 (part).)
274-5 Sec. 212.209. ENTRY OF COMMISSION ORDER ON FINAL
274-6 DETERMINATION OF JUDICIAL PROCEEDING. The commission shall enter
274-7 an order in accordance with the final determination of an action
274-8 under this subchapter. (V.A.C.S. Art. 5221b-4(i) (part).)
274-9 Sec. 212.210. APPEAL BOND NOT REQUIRED. An appeal bond is
274-10 not required in an appeal from a decision of a trial court in an
274-11 action under this subchapter. (V.A.C.S. Art. 5221b-4(i) (part).)
274-12 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT
274-13 SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
274-14 Sec. 213.001. REPRESENTATION IN COURT
274-15 Sec. 213.002. PROSECUTION OF CRIMINAL ACTIONS
274-16 Sec. 213.003. ADMISSIBILITY OF CERTIFIED COPY OF COMMISSION
274-17 RECORD
274-18 Sec. 213.004. ADMISSIBILITY OF REPORT OR AUDIT; PRIMA FACIE
274-19 EVIDENCE
274-20 Sec. 213.005. COSTS ADJUDGED AGAINST STATE OR COMMISSION
274-21 Sec. 213.006. PRIORITY OF CLAIM FOR CONTRIBUTION
274-22 Sec. 213.007. COLLATERAL ESTOPPEL DOCTRINE INAPPLICABLE
274-23 Sec. 213.008. ELECTION OF COLLECTION REMEDIES
274-24 Sec. 213.009. COMMISSION ENFORCEMENT OF OUT-OF-STATE
274-25 JUDGMENT
274-26 (Sections 213.010-213.020 reserved for expansion)
274-27 SUBCHAPTER B. EMPLOYER PENALTIES AND INTEREST
275-1 Sec. 213.021. PENALTY FOR PAST DUE CONTRIBUTION
275-2 Sec. 213.022. PENALTY FOR FAILURE TO FILE REPORT
275-3 Sec. 213.023. PENALTY FOR OTHER VIOLATION
275-4 Sec. 213.024. PENALTY FOR CONTINUING VIOLATION
275-5 Sec. 213.025. INTEREST ON JUDGMENT FOR PAST DUE
275-6 CONTRIBUTION
275-7 (Sections 213.026-213.030 reserved for expansion)
275-8 SUBCHAPTER C. COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE
275-9 OF ASSESSMENT
275-10 Sec. 213.031. COLLECTION REQUIRED; METHODS
275-11 Sec. 213.032. SERVICE OF NOTICE OF ASSESSMENT; CONTENTS AS
275-12 PRIMA FACIE EVIDENCE; JUDICIAL REVIEW;
275-13 EFFECT
275-14 Sec. 213.033. LIMITATIONS
275-15 Sec. 213.034. STATEMENT AS EVIDENCE IN CIVIL
275-16 ACTION; DENIAL
275-17 Sec. 213.035. COSTS
275-18 Sec. 213.036. ABSTRACT OF JUDGMENT; FEE; RELEASE
275-19 (Sections 213.037-213.050 reserved for expansion)
275-20 SUBCHAPTER D. OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
275-21 Sec. 213.051. FORFEITURE OF RIGHT TO EMPLOY INDIVIDUALS IN
275-22 THIS STATE; BOND
275-23 Sec. 213.052. INJUNCTION RESTRAINING CERTAIN VIOLATIONS
275-24 Sec. 213.053. VIOLATION OF INJUNCTION; RECEIVER
275-25 Sec. 213.054. OFFSET AGAINST STATE WARRANT
275-26 Sec. 213.055. AUDIT OF EMPLOYER
275-27 Sec. 213.056. ESTIMATED TAXABLE WAGES IF REPORT NOT FILED
276-1 Sec. 213.057. TAX LIEN
276-2 Sec. 213.058. ADDITIONAL TAX LIEN ENFORCED BY COMMISSION
276-3 (Sections 213.059-213.070 reserved for expansion)
276-4 SUBCHAPTER E. ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
276-5 Sec. 213.071. CREDIT OR REFUND OF OVERPAYMENT
276-6 Sec. 213.072. APPLICATION
276-7 Sec. 213.073. APPEAL OF COMMISSION DETERMINATION
276-8 Sec. 213.074. INTEREST NOT ALLOWED
276-9 Sec. 213.075. ADJUSTMENT OR REFUND ON COMMISSION INITIATIVE
276-10 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT
276-11 SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
276-12 Sec. 213.001. REPRESENTATION IN COURT. (a) The attorney
276-13 general shall designate an assistant attorney general to represent
276-14 the commission and the state in a civil action to enforce this
276-15 subtitle and to perform legal duties as the commission requires.
276-16 (b) The assistant attorney general shall institute in the
276-17 name of the state and the attorney general any civil action
276-18 requested by the commission.
276-19 (c) The commission shall pay the assistant attorney general
276-20 for a service performed by the assistant attorney general solely
276-21 for the commission.
276-22 (d) A qualified attorney who is regularly employed by the
276-23 commission may assist the assistant attorney general. (V.A.C.S.
276-24 Art. 5221b-15(a).)
276-25 Sec. 213.002. PROSECUTION OF CRIMINAL ACTIONS. The
276-26 prosecuting attorney for a county in which a criminal violation of
276-27 this subtitle or a rule adopted under this subtitle is alleged to
277-1 have occurred shall prosecute the criminal action. (V.A.C.S. Art.
277-2 5221b-15(b).)
277-3 Sec. 213.003. ADMISSIBILITY OF CERTIFIED COPY OF COMMISSION
277-4 RECORD. In a civil or criminal proceeding brought under this
277-5 subtitle, a certified copy of a document from commission records is
277-6 admissible in evidence instead of the original document. (V.A.C.S.
277-7 Art. 5221b-15(c).)
277-8 Sec. 213.004. ADMISSIBILITY OF REPORT OR AUDIT; PRIMA FACIE
277-9 EVIDENCE. (a) In a judicial proceeding in which the establishment
277-10 or collection of a contribution, penalty, or interest is sought
277-11 because an employer does not pay a contribution, a penalty, or
277-12 interest within the time and in the manner required by this
277-13 subtitle or by a rule adopted under this subtitle, the following
277-14 are admissible:
277-15 (1) a report filed in an office of the commission by
277-16 the employer or the employer's representative that shows the amount
277-17 of wages paid by the employer or the employer's representative for
277-18 which a contribution, a penalty, or interest has not been paid;
277-19 (2) a copy of a report described in Subdivision (1)
277-20 that is certified by a member of the commission or by an employee
277-21 designated for that purpose by the commission; and
277-22 (3) an audit made by the commission or its
277-23 representative from the books of the employer that is signed and
277-24 sworn to by the representative as being made from the records of
277-25 the employer.
277-26 (b) A report or audit admissible under this section is prima
277-27 facie evidence of the truth of its contents. The incorrectness of
278-1 the report or audit may be shown. (V.A.C.S. Art. 5221b-12(d).)
278-2 Sec. 213.005. COSTS ADJUDGED AGAINST STATE OR COMMISSION.
278-3 The commission shall pay from the administration fund established
278-4 under Subchapter D, Chapter 203, costs adjudged against the state
278-5 or the commission in a suit instituted on behalf or at the request
278-6 of the commission under this chapter or Section 204.086. (V.A.C.S.
278-7 Art. 5221b-12(h) (part).)
278-8 Sec. 213.006. PRIORITY OF CLAIM FOR CONTRIBUTION. If an
278-9 employer's assets are distributed under a court order issued under
278-10 the laws of this state, including a receivership, assignment for
278-11 benefit of creditors, adjudicated insolvency, composition, or
278-12 similar proceeding, a contribution due at the time of distribution
278-13 or that becomes due after the distribution has the same priority as
278-14 other tax claims under the laws of this state. (V.A.C.S.
278-15 Art. 5221b-12(i).)
278-16 Sec. 213.007. COLLATERAL ESTOPPEL DOCTRINE INAPPLICABLE. A
278-17 finding of fact, conclusion of law, judgment, or final order made
278-18 regarding a claim for benefits under this subtitle is not binding
278-19 and may not be used as evidence in an action or proceeding, other
278-20 than an action or proceeding brought under this subtitle, even if
278-21 the action or proceeding is between the same or related parties or
278-22 involves the same facts. (V.A.C.S. Art. 5221b-9(r).)
278-23 Sec. 213.008. ELECTION OF COLLECTION REMEDIES. An action
278-24 taken under this chapter is not an election by the commission to
278-25 pursue a particular remedy or action under this chapter to the
278-26 exclusion of another remedy or action under this subtitle or under
278-27 another law of this state. (V.A.C.S. Art. 5221b-12(c)(4) (part).)
279-1 Sec. 213.009. COMMISSION ENFORCEMENT OF OUT-OF-STATE
279-2 JUDGMENT. (a) A qualified attorney who is a regular salaried
279-3 employee of the commission may represent an employment security
279-4 agency of another state in a proceeding in a court in this state to
279-5 collect a contribution, a penalty, interest, or a court cost for
279-6 which liability has been incurred by an employing unit under an
279-7 unemployment compensation law or unemployment insurance law of the
279-8 other state, if:
279-9 (1) the liability has been reduced to judgment in a
279-10 court of record in the state of the requesting agency; and
279-11 (2) the unemployment compensation law or unemployment
279-12 insurance law of the requesting state provides for a similar action
279-13 on behalf of the commission by the requesting state agency.
279-14 (b) The venue for a proceeding under this section is the
279-15 same as the venue for an action to collect an overdue contribution,
279-16 penalty, or interest due under this subtitle. (V.A.C.S.
279-17 Art. 5221b-12(m).)
279-18 (Sections 213.010-213.020 reserved for expansion)
279-19 SUBCHAPTER B. EMPLOYER PENALTIES AND INTEREST
279-20 Sec. 213.021. PENALTY FOR PAST DUE CONTRIBUTION. (a) An
279-21 employer who does not pay a contribution on or before the date
279-22 prescribed by the commission shall pay to the state a penalty equal
279-23 to one and one-half percent of the contribution for each month or
279-24 portion of a month that the contribution and penalty are not paid
279-25 in full. The total penalty applied may not exceed 37-1/2 percent
279-26 of the amount of contribution due at the due date.
279-27 (b) The penalty does not apply to an employer who:
280-1 (1) failed to pay a contribution because of the bona
280-2 fide belief that all or some of its employees were covered under
280-3 the unemployment insurance law of another state; and
280-4 (2) paid when due a contribution on all the wages of
280-5 those employees under that law. (V.A.C.S. Art. 5221b-12(a)
280-6 (part).)
280-7 Sec. 213.022. PENALTY FOR FAILURE TO FILE REPORT. An
280-8 employer who does not file a report of wages paid or contributions
280-9 due as required by this subtitle or commission rule shall pay to
280-10 the commission a penalty in the amount equal to:
280-11 (1) $15, if the completed report is filed not later
280-12 than the 15th day after the report's due date;
280-13 (2) $30 plus one-twentieth of one percent of wages
280-14 that the employer failed to report, if the completed report is
280-15 filed after the 15th day after the report's due date but during the
280-16 first month after the report's due date;
280-17 (3) the sum of the amount computed under Subdivision
280-18 (2) and the amount equal to $30 plus one-tenth of one percent of
280-19 wages that the employer failed to report, if the completed report
280-20 is filed during the second month after the report's due date; or
280-21 (4) the sum of the amount computed under Subdivision
280-22 (3) and the amount equal to $30 plus one-fifth of one percent of
280-23 wages that the employer failed to report, if the completed report
280-24 is filed during the third month after the report's due date.
280-25 (V.A.C.S. Art. 5221b-12(c)(1) (part).)
280-26 Sec. 213.023. PENALTY FOR OTHER VIOLATION. An employing
280-27 unit shall pay a penalty of $30 if a civil penalty is not otherwise
281-1 provided by this subtitle and the employing unit:
281-2 (1) does not keep records required under this subtitle
281-3 or commission rule;
281-4 (2) makes a false report to the commission; or
281-5 (3) violates this subtitle or a commission rule
281-6 adopted under this subtitle. (V.A.C.S. Art. 5221b-12(c)(2)
281-7 (part).)
281-8 Sec. 213.024. PENALTY FOR CONTINUING VIOLATION. (a) In
281-9 addition to the penalty imposed under Section 213.023, an employing
281-10 unit shall pay a penalty of $30 for each consecutive day that a
281-11 violation of this subtitle or of a rule adopted under this subtitle
281-12 continues after notice is given as provided by Subsection (b).
281-13 (b) The penalty is imposed and becomes cumulative on the
281-14 10th day after the date written notice is given or mailed to the
281-15 employing unit by the commission or its authorized representative.
281-16 (V.A.C.S. Art. 5221b-12(c)(2) (part).)
281-17 Sec. 213.025. INTEREST ON JUDGMENT FOR PAST DUE
281-18 CONTRIBUTION. For a judgment that grants recovery of the amount of
281-19 a contribution and the amount of a penalty computed at the maximum
281-20 rate permitted under Section 213.021(a), the part of the judgment
281-21 for the amount of the contribution earns interest at the rate of
281-22 one percent for each month or part of a month it remains unpaid.
281-23 (V.A.C.S. Art. 5221b-12(a) (part).)
281-24 (Sections 213.026-213.030 reserved for expansion)
281-25 SUBCHAPTER C. COLLECTION OF CONTRIBUTION BY CIVIL SUIT
281-26 OR NOTICE OF ASSESSMENT
281-27 Sec. 213.031. COLLECTION REQUIRED; METHODS. If after notice
282-1 an employer does not pay a contribution or a penalty or interest on
282-2 a contribution, the commission shall collect the amount due by:
282-3 (1) bringing a civil action in the name of the state
282-4 and the attorney general in a district court in Travis County; or
282-5 (2) serving a notice of assessment on the defaulting
282-6 employer, stating the amount of the contribution, penalty, and
282-7 interest outstanding. (V.A.C.S. Art. 5221b-12(b) (part).)
282-8 Sec. 213.032. SERVICE OF NOTICE OF ASSESSMENT; CONTENTS AS
282-9 PRIMA FACIE EVIDENCE; JUDICIAL REVIEW; EFFECT. (a) A notice of
282-10 assessment shall be served in the manner provided by law for
282-11 service of process on a defendant in a civil action in district
282-12 court.
282-13 (b) A notice of assessment is prima facie evidence of the
282-14 truth of contents of the notice. The incorrectness of the notice
282-15 may be shown.
282-16 (c) An employer aggrieved by the determination of the
282-17 commission as stated in a notice of assessment may file a petition
282-18 for judicial review of the assessment with a Travis County district
282-19 court not later than the 30th day after the date on which the
282-20 notice of assessment is served. A copy of the petition must be
282-21 served on a member of the commission or on a person designated by
282-22 the commission in the manner provided by law for service of process
282-23 on a defendant in a civil action in a district court.
282-24 (d) If an employer does not seek judicial review under
282-25 Subsection (c), a commission assessment is final for all purposes.
282-26 (e) An assessment that is not contested by the employer or
282-27 that is upheld after judicial review has the effect of a final
283-1 judgment of a district court and shall be recorded, enforced, and
283-2 renewed in the same manner. (V.A.C.S. Art. 5221b-12(b) (part).)
283-3 Sec. 213.033. LIMITATIONS. (a) The commission may not
283-4 begin a civil action in court or make an assessment under this
283-5 subchapter to collect a contribution or penalty from an employer
283-6 after the third anniversary after the due date of the contribution.
283-7 (b) In the case of a wilful attempt to evade the provisions
283-8 of this subtitle or a commission rule adopted under this subtitle,
283-9 the action or assessment may be begun or made at any time.
283-10 (V.A.C.S. Art. 5221b-12(b) (part).)
283-11 Sec. 213.034. STATEMENT AS EVIDENCE IN CIVIL ACTION; DENIAL.
283-12 (a) If a civil action filed under this subchapter is supported by
283-13 a statement, report, or audit issued by the commission and the
283-14 commission certifies that the contribution, penalty, and interest
283-15 shown to be due by the statement, report, or audit are delinquent
283-16 and that all offsets, payments, and credits have been allowed, the
283-17 statement, report, or audit is prima facie evidence of the truth of
283-18 its contents unless before an announcement of ready for trial the
283-19 defendant files an affidavit that:
283-20 (1) denies that all or part of the contribution,
283-21 penalty, or interest is due; and
283-22 (2) states the details relating to any part of the
283-23 contribution, penalty, or interest claimed not due.
283-24 (b) If the defendant files an affidavit described by
283-25 Subsection (a) on the day of the trial, the court at the request of
283-26 the plaintiff shall postpone the cause for a reasonable time.
283-27 (c) A defendant who does not file an affidavit in accordance
284-1 with this section may not deny the claim for the contribution,
284-2 penalty, or interest or an item of the claim. (V.A.C.S. Art.
284-3 5221b-12(e).)
284-4 Sec. 213.035. COSTS. Unless the employer prevails in a
284-5 civil action brought under this subchapter or the notice of
284-6 assessment is reversed by a reviewing court, the employer shall pay
284-7 all costs of either action. (V.A.C.S. Art. 5221b-12(b) (part).)
284-8 Sec. 213.036. ABSTRACT OF JUDGMENT; FEE; RELEASE. (a) The
284-9 commission shall pay the fee for filing and recording an abstract
284-10 of a judgment against an employer for a contribution, a penalty, or
284-11 interest by warrant drawn by the comptroller to the county clerk of
284-12 each county in which the abstract is recorded.
284-13 (b) When the liability secured by the lien is paid, the
284-14 commission shall mail a release of the lien to the employer. The
284-15 employer is responsible for filing the release with the appropriate
284-16 county clerk and for paying the county clerk's fee for recording
284-17 the release. (V.A.C.S. Art. 5221b-12(n).)
284-18 (Sections 213.037-213.050 reserved for expansion)
284-19 SUBCHAPTER D. OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
284-20 Sec. 213.051. FORFEITURE OF RIGHT TO EMPLOY INDIVIDUALS IN
284-21 THIS STATE; BOND. (a) After a judgment is entered against an
284-22 employer for a contribution, a penalty, or interest or an
284-23 assessment against an employer under this chapter is final and
284-24 execution returned unsatisfied, an employer liable for the unpaid
284-25 judgment may not employ an individual in this state until the
284-26 employer furnishes a surety bond.
284-27 (b) The amount of the bond may not exceed twice the amount
285-1 due at the time the bond is furnished plus contributions estimated
285-2 by the commission to become due from the employer during the
285-3 succeeding calendar year. The bond must be conditioned on payment
285-4 of the contribution, penalty, interest, and court costs due from
285-5 the employer not later than January 30 of the succeeding calendar
285-6 year. The bond must be approved by the commission.
285-7 (c) If the employer does not furnish the bond or pay the
285-8 contribution, penalty, and interest due, the commission may apply
285-9 to the court that entered the judgment for an injunction to
285-10 prohibit the employer from employing a person in this state without
285-11 first furnishing a bond as required by this section. After
285-12 reasonable notice of not less than 10 days by the court, the court
285-13 may grant a temporary injunction. The temporary injunction may be
285-14 made permanent on final hearing and remains in effect until the
285-15 requirements of this chapter are satisfied. (V.A.C.S. Art.
285-16 5221b-12(b) (part).)
285-17 Sec. 213.052. INJUNCTION RESTRAINING CERTAIN VIOLATIONS.
285-18 (a) If an individual or employing unit appears to be violating or
285-19 threatening to violate this subtitle or any rule or order of the
285-20 commission adopted under this subtitle relating to the collection
285-21 of a contribution, a penalty, or interest or to the filing of a
285-22 report relating to employment, the commission shall bring suit
285-23 against the individual or employing unit to restrain the violation.
285-24 The court may grant a temporary or permanent, prohibitory or
285-25 mandatory injunction, including a temporary restraining order, as
285-26 warranted by the facts.
285-27 (b) A suit under this section must be brought through the
286-1 attorney general in the name of the state in a court of competent
286-2 jurisdiction in Travis County. (V.A.C.S. Art. 5221b-12(k) (part).)
286-3 Sec. 213.053. VIOLATION OF INJUNCTION; RECEIVER. (a) If an
286-4 individual or an employing unit violates an injunction granted
286-5 under this subtitle, the court on its own motion or the
286-6 commission's motion in the name of the state, after notice and
286-7 hearing, may appoint a receiver. The receiver may exercise the
286-8 powers that, in the judgment of the court, are necessary to provide
286-9 compliance with the injunction, including taking charge of the
286-10 property of the individual or employing unit.
286-11 (b) The power to appoint a receiver under this section is in
286-12 addition to the power to punish for contempt. (V.A.C.S. Art.
286-13 5221b-12(k) (part).)
286-14 Sec. 213.054. OFFSET AGAINST STATE WARRANT. Any
286-15 contribution, penalty, interest, or court cost owed by an employer
286-16 under a final court judgment under this subtitle is a debt owed by
286-17 the employer to the state under Section 403.055, Government Code,
286-18 only for withholding of a warrant for:
286-19 (1) the refund of taxes, fees, assessments, or other
286-20 deposits required under the law of this state; or
286-21 (2) compensation for goods and services, other than a
286-22 warrant for:
286-23 (A) payment for services performed as an elected
286-24 or appointed employee of this state; or
286-25 (B) reimbursement of expenses incurred in the
286-26 performance of employment as an elected or appointed employee of
286-27 this state. (V.A.C.S. Art. 5221b-12(l).)
287-1 Sec. 213.055. AUDIT OF EMPLOYER. (a) The commission may
287-2 employ an auditor or other person to determine the amount of a
287-3 contribution due and prepare a report due from an employer who does
287-4 not properly pay a contribution or make a report as required by
287-5 this subtitle or a rule adopted under this subtitle.
287-6 (b) An employer who has not paid the correct amount or made
287-7 a correct report shall pay, as an additional penalty, the
287-8 reasonable expenses incurred in the investigation under Subsection
287-9 (a). The commission may collect this penalty in accordance with
287-10 this chapter.
287-11 (c) This section does not prevent the commission from using
287-12 other available funds as necessary for the purpose of auditing an
287-13 employer or preparing or assisting in preparing a report of an
287-14 employer. (V.A.C.S. Art. 5221b-12(g).)
287-15 Sec. 213.056. ESTIMATED TAXABLE WAGES IF REPORT NOT FILED.
287-16 (a) If an employer does not make a report to the commission that
287-17 is required by this subtitle or by commission rule, the commission
287-18 may estimate the taxable wages paid by the employer during the
287-19 period to have been covered by the report. In making this
287-20 estimate, the commission may use any available source of
287-21 information.
287-22 (b) The commission may collect contributions and penalties
287-23 using an estimate made under this section as if the estimated wages
287-24 had been properly reported by the employer. (V.A.C.S. Art.
287-25 5221b-12(c)(3).)
287-26 Sec. 213.057. TAX LIEN. (a) The amount due from an
287-27 employing unit under this subtitle is secured by a lien on property
288-1 belonging to the employing unit or to any individual indebted for
288-2 the sum.
288-3 (b) The lien attaches at the time the contribution, penalty,
288-4 interest, or other charge becomes overdue.
288-5 (c) The lien may be recorded in a "State Tax Liens" book
288-6 kept by a county clerk under Section 113.004, Tax Code.
288-7 (d) The lien may be released in the manner provided for
288-8 other state tax liens under Chapter 113, Tax Code.
288-9 (e) The commission shall pay by warrant drawn by the
288-10 comptroller to the county clerk of the county in which the notice
288-11 of lien is filed the fee for filing and recording similar
288-12 instruments. The fee shall be added to the amount due from the
288-13 employer.
288-14 (f) When the liability secured by the lien is fully paid,
288-15 the commission shall mail to the employer a release of the lien.
288-16 The employer is responsible for filing the release with the
288-17 appropriate county clerk and to pay the county clerk's fee for
288-18 recording the release. (V.A.C.S. Art. 5221b-12(f).)
288-19 Sec. 213.058. ADDITIONAL TAX LIEN ENFORCED BY COMMISSION.
288-20 (a) The amount due from an employing unit to the commission under
288-21 this subtitle is secured by a lien on property belonging to the
288-22 employing unit or to any individual indebted for the sum.
288-23 (b) The lien attaches at the time a contribution, a penalty,
288-24 interest, or another charge becomes overdue.
288-25 (c) Subchapters A and B, Chapter 113, Tax Code, govern the
288-26 enforcement of a lien under this section. In administering and
288-27 enforcing a lien created under this section, the commission has the
289-1 powers and duties imposed and conferred on the comptroller for the
289-2 enforcement of other liens under those subchapters.
289-3 (d) A lien under this section is cumulative of the lien
289-4 created under Section 213.057. (V.A.C.S. Art. 5221b-12A.)
289-5 (Sections 213.059-213.070 reserved for expansion)
289-6 SUBCHAPTER E. ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
289-7 Sec. 213.071. CREDIT OR REFUND OF OVERPAYMENT. (a) The
289-8 commission shall allow the employing unit on application under
289-9 Section 213.072 to adjust its contribution payments then due for a
289-10 contribution or penalty erroneously collected from the employer.
289-11 (b) If an adjustment cannot be made under Subsection (a),
289-12 the commission shall refund the amount erroneously collected.
289-13 (c) The commission may not approve an application for
289-14 adjustment or refund if making the adjustment or refund would
289-15 require removing or disregarding benefit wages that became benefit
289-16 wage credits or that were charged as benefit wages more than three
289-17 years before the date on which the application was filed. For the
289-18 purpose of this subsection, removing or disregarding benefit wages
289-19 does not include transferring compensation experience described in
289-20 Subchapter E, Chapter 204. (V.A.C.S. Art. 5221b-12(j)(1) (part).)
289-21 Sec. 213.072. APPLICATION. (a) An employing unit that pays
289-22 the commission a contribution or penalty that is allegedly due and
289-23 that later is determined not due, in whole or in part, may apply to
289-24 the commission for:
289-25 (1) an adjustment for a contribution payment then due;
289-26 or
289-27 (2) a refund of the overpaid amount if an adjustment
290-1 cannot be made.
290-2 (b) An application for adjustment or refund must be filed
290-3 before the third anniversary of the date on which the contribution
290-4 or penalty was allegedly due. (V.A.C.S. Art. 5221b-12(j)(1)
290-5 (part).)
290-6 Sec. 213.073. APPEAL OF COMMISSION DETERMINATION. (a) If
290-7 the commission denies a timely application made under this
290-8 subchapter, the employing unit may bring an action in a court of
290-9 competent jurisdiction in Travis County against the commission for
290-10 review of the commission's refusal to allow an adjustment or a
290-11 refund.
290-12 (b) An action under this section must be filed before the
290-13 first anniversary of the date on which notice of the denial was
290-14 mailed to the employing unit.
290-15 (c) Trial of an action filed under this section is by trial
290-16 de novo.
290-17 (d) The employing unit may not bring an action for the
290-18 refund under any other law. (V.A.C.S. Art. 5221b-12(j)(2) (part).)
290-19 Sec. 213.074. INTEREST NOT ALLOWED. Interest is not allowed
290-20 on an adjustment or refund made under this subchapter or a recovery
290-21 made in a court action filed under this subchapter. (V.A.C.S.
290-22 Arts. 5221b-12(j)(1) (part), (2) (part).)
290-23 Sec. 213.075. ADJUSTMENT OR REFUND ON COMMISSION INITIATIVE.
290-24 The commission may make an adjustment or refund on its own
290-25 initiative under this subchapter within the period prescribed by
290-26 this subchapter. (V.A.C.S. Art. 5221b-12(j)(1) (part).)
290-27 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
291-1 Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS
291-2 OR OTHER PAYMENT
291-3 Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING
291-4 BENEFITS
291-5 Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID
291-6 AND REMAINING BENEFITS
291-7 Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT
291-8 OF BENEFITS
291-9 Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR
291-10 OTHER PAYMENT
291-11 Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS
291-12 Sec. 214.007. GENERAL OFFENSE
291-13 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
291-14 Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS OR OTHER
291-15 PAYMENT. (a) A person commits an offense if, to obtain or
291-16 increase a benefit or other payment, either for the person or
291-17 another person, under this subtitle, the unemployment compensation
291-18 law of another state, or any act or program of the United States
291-19 that is administered by the commission, the person:
291-20 (1) makes a false statement or representation, knowing
291-21 it to be false; or
291-22 (2) knowingly fails to disclose a material fact.
291-23 (b) An offense under this section is a Class A misdemeanor.
291-24 (V.A.C.S. Art. 5221b-14(a).)
291-25 Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS.
291-26 (a) A person who has received improper benefits is liable for the
291-27 amount of the improper benefits. The commission may recover
292-1 improper benefits by:
292-2 (1) deducting the amount of the improper benefits from
292-3 any future benefits payable to the person; or
292-4 (2) collecting the amount of the improper benefits for
292-5 the compensation fund in the same manner provided by Sections
292-6 213.031, 213.032, 213.033, 213.035, and 213.051 for the collection
292-7 of past due contributions.
292-8 (b) In this section, "improper benefit" means the benefit
292-9 obtained by a person:
292-10 (1) because of the nondisclosure or misrepresentation
292-11 by the person or by another of a material fact, without regard to
292-12 whether the nondisclosure or misrepresentation was known or
292-13 fraudulent; and
292-14 (2) while:
292-15 (A) any condition imposed by this subtitle for
292-16 the person's qualifying for the benefit was not fulfilled in the
292-17 person's case; or
292-18 (B) the person was disqualified from receiving
292-19 benefits. (V.A.C.S. Art. 5221b-14(d).)
292-20 Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID
292-21 AND REMAINING BENEFITS. (a) If, by wilful nondisclosure or
292-22 misrepresentation of a material fact, whether the nondisclosure or
292-23 misrepresentation is made by the person or for the person by
292-24 another, a person receives a benefit when a condition imposed by
292-25 this subtitle for the person's qualifying for the benefit is not
292-26 fulfilled or the person is disqualified from receiving the benefit,
292-27 the person forfeits the:
293-1 (1) benefit received; and
293-2 (2) rights to benefits that remain in the benefit year
293-3 in which the nondisclosure or misrepresentation occurred.
293-4 (b) If a person attempts to obtain or increase benefits by a
293-5 nondisclosure or misrepresentation as provided by Subsection (a),
293-6 the commission may cancel the person's right to benefits that
293-7 remain in the benefit year in which the nondisclosure or
293-8 misrepresentation occurred.
293-9 (c) A forfeiture or cancellation under this section is
293-10 effective only after the person has been afforded an opportunity
293-11 for a fair hearing before the commission or its duly designated
293-12 representative. (V.A.C.S. Art. 5221b-14(e).)
293-13 Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT
293-14 OF BENEFITS. (a) A person commits an offense if the person makes
293-15 a false representation, knowing it to be false, or knowingly fails
293-16 to disclose a material fact, to:
293-17 (1) prevent or reduce the payment of benefits to an
293-18 individual entitled to the benefits;
293-19 (2) avoid becoming or remaining subject to this
293-20 subtitle; or
293-21 (3) avoid or reduce any contribution or other payment
293-22 required from an employing unit under this subtitle.
293-23 (b) An offense under this section is a Class A misdemeanor.
293-24 (V.A.C.S. Art. 5221b-14(b) (part).)
293-25 Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR
293-26 OTHER PAYMENT. (a) A person commits an offense if the person
293-27 wilfully fails or refuses to make a contribution or other payment
294-1 required from an employing unit under this subtitle.
294-2 (b) An offense under this section is a Class A misdemeanor.
294-3 (V.A.C.S. Art. 5221b-14(b) (part).)
294-4 Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS. (a)
294-5 A person commits an offense if the person wilfully fails or refuses
294-6 to:
294-7 (1) furnish a report required under this subtitle; or
294-8 (2) produce or permit the inspection or copying of
294-9 records as required under this subtitle.
294-10 (b) An offense under this section is a Class A misdemeanor.
294-11 (V.A.C.S. Art. 5221b-14(b) (part).)
294-12 Sec. 214.007. GENERAL OFFENSE. (a) A person commits an
294-13 offense if the person wilfully violates a provision of this
294-14 subtitle or a rule adopted under this subtitle:
294-15 (1) the violation of which is made unlawful or the
294-16 observance of which is required under this subtitle; and
294-17 (2) for which a penalty is not otherwise provided by
294-18 this subtitle or any other applicable statute.
294-19 (b) An offense under this section is a Class A misdemeanor.
294-20 (V.A.C.S. Art. 5221b-14(c).)
294-21 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
294-22 SUBCHAPTER A. GENERAL PROVISIONS
294-23 Sec. 215.001. DEFINITIONS
294-24 Sec. 215.002. SHARED WORK UNEMPLOYMENT COMPENSATION
294-25 PROGRAM
294-26 (Sections 215.003-215.020 reserved for expansion)
294-27 SUBCHAPTER B. SHARED WORK PLAN
295-1 Sec. 215.021. APPROVAL REQUIRED FOR EMPLOYER PLAN
295-2 Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN
295-3 Sec. 215.023. APPROVAL OR DENIAL OF SHARED WORK PLAN;
295-4 NOTICE
295-5 Sec. 215.024. EFFECTIVE DATE OF SHARED WORK PLAN;
295-6 EXPIRATION OR TERMINATION
295-7 Sec. 215.025. MODIFICATION OF SHARED WORK PLAN
295-8 Sec. 215.026. PARTICIPATING EMPLOYER'S REPORT ON PLAN
295-9 OPERATION
295-10 (Sections 215.027-215.040 reserved for expansion)
295-11 SUBCHAPTER C. SHARED WORK BENEFITS
295-12 Sec. 215.041. EMPLOYEE'S ELIGIBILITY FOR SHARED
295-13 WORK BENEFITS
295-14 Sec. 215.042. SHARED WORK BENEFITS FORMULA
295-15 Sec. 215.043. LIMITATIONS ON BENEFITS
295-16 Sec. 215.044. EXTENDED BENEFITS
295-17 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
295-18 SUBCHAPTER A. GENERAL PROVISIONS
295-19 Sec. 215.001. DEFINITIONS. In this chapter:
295-20 (1) "Affected unit" means a unit of two or more
295-21 employees, including a department or shift, designated by an
295-22 employer to participate in a shared work plan.
295-23 (2) "Fringe benefit" means health insurance, a
295-24 retirement benefit received under a pension plan, a paid vacation
295-25 day, a paid holiday, sick leave, or any other similar employee
295-26 benefit provided by an employer.
295-27 (3) "Normal weekly hours of work" means the number of
296-1 hours in a week that an employee ordinarily works for a
296-2 participating employer or 40 hours, whichever is less.
296-3 (4) "Participating employee" means an employee who
296-4 works a reduced number of hours under an approved shared work plan.
296-5 (5) "Participating employer" means an employer who has
296-6 a shared work plan in effect.
296-7 (6) "Shared work benefit" means an unemployment
296-8 compensation benefit that is payable to a participating employee.
296-9 (7) "Shared work plan" means a plan for reducing
296-10 unemployment under which employees who are members of an affected
296-11 unit share the work remaining after a reduction in their normal
296-12 weekly hours of work.
296-13 (8) "Shared work program" means the shared work
296-14 unemployment compensation program. (New; V.A.C.S. Arts.
296-15 5221b-22f(a)(1)-(8).)
296-16 Sec. 215.002. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM.
296-17 (a) The commission, under a voluntary shared work unemployment
296-18 compensation program designed to reduce unemployment and stabilize
296-19 the work force, shall allow participating employees shared work
296-20 benefits.
296-21 (b) The commission may adopt rules and establish procedures
296-22 necessary to administer the shared work program. (V.A.C.S. Arts.
296-23 5221b-22f(a)(9), (b).)
296-24 (Sections 215.003-215.020 reserved for expansion)
296-25 SUBCHAPTER B. SHARED WORK PLAN
296-26 Sec. 215.021. APPROVAL REQUIRED FOR EMPLOYER PLAN. (a)
296-27 Before an employer may participate in the shared work program, the
297-1 commission must approve the employer's shared work plan. The plan
297-2 must be submitted in writing to the commission.
297-3 (b) If an employee who participates in a shared work plan is
297-4 covered by a collective bargaining agreement, the collective
297-5 bargaining agent must approve the plan in writing. (V.A.C.S. Arts.
297-6 5221b-22f(c) (part), (e).)
297-7 Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The
297-8 commission may approve a shared work plan if:
297-9 (1) the plan:
297-10 (A) applies to and identifies a specific
297-11 affected unit;
297-12 (B) identifies the employees in the affected
297-13 unit by name and social security number;
297-14 (C) reduces the normal weekly hours of work for
297-15 an employee in the affected unit by at least 10 percent but not
297-16 more than 40 percent;
297-17 (D) applies to at least 10 percent of the
297-18 employees in the affected unit; and
297-19 (E) describes the manner in which the
297-20 participating employer treats the fringe benefits of each employee
297-21 in the affected unit;
297-22 (2) the employer certifies that the implementation of
297-23 a shared work plan and the resulting reduction in work hours is in
297-24 lieu of temporary layoffs that would:
297-25 (A) affect at least 10 percent of the employees
297-26 in the affected unit; and
297-27 (B) result in an equivalent reduction in work
298-1 hours; and
298-2 (3) the employer agrees to furnish the commission
298-3 reports relating to the operation of the plan as requested by the
298-4 commission.
298-5 (b) A shared work plan may not be implemented to subsidize a
298-6 seasonal employer during the off-season or to subsidize an employer
298-7 who traditionally has used part-time employees. (V.A.C.S. Arts.
298-8 5221b-22f(c) (part), (d), (f).)
298-9 Sec. 215.023. APPROVAL OR DENIAL OF SHARED WORK PLAN;
298-10 NOTICE. (a) The commission shall approve or deny a shared work
298-11 plan in writing not later than the 30th day after the date the
298-12 commission receives the plan.
298-13 (b) If the commission denies the plan, the commission shall
298-14 give the employer the reasons for denial. (V.A.C.S. Art.
298-15 5221b-22f(g).)
298-16 Sec. 215.024. EFFECTIVE DATE OF SHARED WORK PLAN; EXPIRATION
298-17 OR TERMINATION. (a) A shared work plan takes effect on the date
298-18 the commission approves the plan.
298-19 (b) A shared work plan expires on the last day of the 12th
298-20 calendar month beginning after the effective date of the plan.
298-21 (c) The commission may terminate a shared work plan for good
298-22 cause if the plan is not being executed according to the terms and
298-23 intent of the shared work program. (V.A.C.S. Arts. 5221b-22f(h),
298-24 (p).)
298-25 Sec. 215.025. MODIFICATION OF SHARED WORK PLAN. (a) An
298-26 employer may modify a shared work plan to meet changed conditions
298-27 if the modification conforms to the basic provisions of the plan as
299-1 approved by the commission.
299-2 (b) Before implementing a proposed change, the employer must
299-3 report the change in writing to the commission.
299-4 (c) The commission shall reevaluate a plan that is proposed
299-5 to be substantially modified.
299-6 (d) If a proposed plan modification is substantial, the
299-7 commission may approve the modified plan according to the
299-8 requirements of Sections 215.022(a)(1) and (2) or shall deny the
299-9 modification subject to Section 215.023.
299-10 (e) Approval of a modified plan does not affect the plan's
299-11 original expiration date. (V.A.C.S. Art. 5221b-22f(i).)
299-12 Sec. 215.026. PARTICIPATING EMPLOYER'S REPORT ON PLAN
299-13 OPERATION. A participating employer shall:
299-14 (1) monitor and evaluate the operation of its
299-15 established shared work plan as requested by the commission; and
299-16 (2) report the findings to the commission. (V.A.C.S.
299-17 Art. 5221b-22f(c) (part).)
299-18 (Sections 215.027-215.040 reserved for expansion)
299-19 SUBCHAPTER C. SHARED WORK BENEFITS
299-20 Sec. 215.041. EMPLOYEE'S ELIGIBILITY FOR SHARED WORK
299-21 BENEFITS. (a) Notwithstanding any other provision of this
299-22 subtitle, an individual is unemployed for the purposes of this
299-23 subtitle in a week in which the individual works under an approved
299-24 shared work plan in effect for that week for less than the
299-25 individual's normal weekly hours of work.
299-26 (b) An individual is eligible to receive shared work
299-27 benefits for a week in which:
300-1 (1) the individual is employed as a member of an
300-2 affected unit subject to a shared work plan that was approved
300-3 before that week and is in effect for that week;
300-4 (2) the individual is able to work and is available
300-5 for additional hours of work or for full-time work with the
300-6 participating employer; and
300-7 (3) the individual's normal weekly hours of work have
300-8 been reduced by at least 10 percent but not more than 40 percent,
300-9 with a corresponding reduction in wages.
300-10 (c) The commission may not deny shared work benefits for a
300-11 week to an otherwise eligible individual because of a provision of
300-12 this subtitle that relates to:
300-13 (1) availability for work;
300-14 (2) active search for work; or
300-15 (3) refusal to apply for or to accept work with an
300-16 employer other than the participating employer. (V.A.C.S. Arts.
300-17 5221b-22f(j), (k).)
300-18 Sec. 215.042. SHARED WORK BENEFITS FORMULA. (a) The
300-19 commission shall pay an individual who is eligible for shared work
300-20 benefits a weekly shared work benefit in an amount equal to the
300-21 individual's regular weekly benefit amount for a period of total
300-22 unemployment multiplied by the nearest full percentage of reduction
300-23 of the individual's wages under the employer's shared work plan.
300-24 (b) The commission shall round to the next highest dollar a
300-25 shared work benefit that is not a multiple of one dollar.
300-26 (V.A.C.S. Art. 5221b-22f(l).)
300-27 Sec. 215.043. LIMITATIONS ON BENEFITS. (a) An individual
301-1 is not entitled to receive shared work benefits and regular
301-2 unemployment compensation benefits that exceed the maximum total
301-3 benefits payable to the individual in a benefit year as provided by
301-4 Section 207.005.
301-5 (b) An individual who receives shared work benefits is not
301-6 entitled to receive benefits for partial unemployment under Section
301-7 207.003 for any week in which the individual works as a
301-8 participating employee.
301-9 (c) The commission may not pay an individual shared work
301-10 benefits for a week in which the individual performs paid work for
301-11 the participating employer that exceeds the reduced hours
301-12 established under a shared work plan. (V.A.C.S. Arts.
301-13 5221b-22f(m), (n).)
301-14 Sec. 215.044. EXTENDED BENEFITS. An individual who has
301-15 received all of the shared work benefits and regular unemployment
301-16 compensation benefits available in a benefit year is an individual
301-17 who has exhausted regular benefits under Section 209.042 and is
301-18 entitled to receive extended benefits under Chapter 209 if the
301-19 individual is otherwise eligible under that chapter. (V.A.C.S.
301-20 Art. 5221b-22f(o).)
301-21 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
301-22 SUBCHAPTER A. GENERAL PROVISIONS
301-23 Sec. 216.001. DEFINITIONS
301-24 Sec. 216.002. STATEWIDE OPERATION OF PROGRAM
301-25 (Sections 216.003-216.010 reserved for expansion)
301-26 SUBCHAPTER B. OPERATION OF PROGRAM
301-27 Sec. 216.011. STATE COORDINATOR
302-1 Sec. 216.012. DUTIES OF STATE COORDINATOR
302-2 Sec. 216.013. AGENCY COOPERATION; MEMORANDUM OF
302-3 UNDERSTANDING
302-4 (Sections 216.014-216.020 reserved for expansion)
302-5 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
302-6 Sec. 216.021. DESIGNATION OF PARTICIPATING SCHOOLS
302-7 Sec. 216.022. PARTICIPATION IN PROGRAM
302-8 (Sections 216.023-216.030 reserved for expansion)
302-9 SUBCHAPTER D. PROGRAM FUNDING
302-10 Sec. 216.031. DONATIONS TO PROGRAM
302-11 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
302-12 SUBCHAPTER A. GENERAL PROVISIONS
302-13 Sec. 216.001. DEFINITIONS. In this chapter:
302-14 (1) "Agency" means the Central Education Agency.
302-15 (2) "Communities in Schools program" means an
302-16 exemplary youth dropout prevention program. (New.)
302-17 Sec. 216.002. STATEWIDE OPERATION OF PROGRAM. It is the
302-18 intent of the legislature that the Communities in Schools program
302-19 operate throughout this state. (V.A.C.S. Art. 5221b-9d(g).)
302-20 (Sections 216.003-216.010 reserved for expansion)
302-21 SUBCHAPTER B. OPERATION OF PROGRAM
302-22 Sec. 216.011. STATE COORDINATOR. The administrator of the
302-23 commission shall appoint a state coordinator for the Communities in
302-24 Schools program. (V.A.C.S. Art. 5221b-9d(a) (part).)
302-25 Sec. 216.012. DUTIES OF STATE COORDINATOR. The state
302-26 coordinator shall:
302-27 (1) coordinate the efforts of social service
303-1 organizations and agencies and of public school personnel to
303-2 provide services to students who are at risk of dropping out of
303-3 school or engaging in delinquent conduct;
303-4 (2) set standards for the Communities in Schools
303-5 program;
303-6 (3) obtain information from each participating school
303-7 district to determine necessary program changes;
303-8 (4) promote and market the program in communities in
303-9 which the program is not established;
303-10 (5) help communities that want to participate in the
303-11 program establish a local funding base; and
303-12 (6) train a program director for each participating
303-13 community. (V.A.C.S. Arts. 5221b-9d(a) (part), (b).)
303-14 Sec. 216.013. AGENCY COOPERATION; MEMORANDUM OF
303-15 UNDERSTANDING. (a) The agency and the commission shall work
303-16 together to maximize the effectiveness of the Communities in
303-17 Schools program.
303-18 (b) The agency and the commission shall develop and mutually
303-19 agree to a memorandum of understanding to clearly define the
303-20 responsibilities of each agency under this chapter. The memorandum
303-21 must address:
303-22 (1) the role of the commission in encouraging local
303-23 business to participate in local Communities in Schools programs;
303-24 (2) the role of the agency in obtaining information
303-25 from participating school districts;
303-26 (3) the use of federal or state funds available to the
303-27 agency or the commission for programs of this nature; and
304-1 (4) other areas identified by the agency and the
304-2 commission that require clarification.
304-3 (c) The agency and the commission shall adopt rules to
304-4 implement the memorandum and shall update the memorandum and rules
304-5 annually. (V.A.C.S. Arts. 5221b-9d(c), (d).)
304-6 (Sections 216.014-216.020 reserved for expansion)
304-7 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
304-8 Sec. 216.021. DESIGNATION OF PARTICIPATING SCHOOLS. (a)
304-9 The state coordinator, in cooperation with the program directors in
304-10 the counties in which a Communities in Schools program was
304-11 established on September 1, 1991, shall designate not more than 32
304-12 elementary schools and 76 secondary schools in those counties to
304-13 participate in the program.
304-14 (b) The state coordinator, in cooperation with the program
304-15 directors in four additional counties designated by the state
304-16 coordinator, shall designate additional elementary and secondary
304-17 schools to participate in the Communities in Schools program.
304-18 (c) The designation of secondary schools to participate in
304-19 the Communities in Schools program must be distributed among high
304-20 schools and junior high or middle schools. (V.A.C.S. Art.
304-21 5221b-9d(f).)
304-22 Sec. 216.022. PARTICIPATION IN PROGRAM. An elementary or
304-23 secondary school designated under Section 216.021 shall participate
304-24 in the Communities in Schools program if the number of students
304-25 enrolled in the school who are at risk of dropping out of school is
304-26 equal to at least 10 percent of the number of students in average
304-27 daily attendance at the school, as determined by the agency.
305-1 (V.A.C.S. Art. 5221b-9d(e) (part).)
305-2 (Sections 216.023-216.030 reserved for expansion)
305-3 SUBCHAPTER D. PROGRAM FUNDING
305-4 Sec. 216.031. DONATIONS TO PROGRAM. (a) The commission may
305-5 accept a donation of services or money or other property that the
305-6 commission determines furthers the lawful objectives of the
305-7 commission in connection with the Communities in Schools program.
305-8 (b) Donations must be accepted in an open meeting by a
305-9 majority of the voting members of the commission. The donation,
305-10 with the name of the donor and the purpose of the donation, must be
305-11 reported in the public records of the commission. (V.A.C.S. Art.
305-12 5221b-9d(h).)
305-13 CHAPTER 217. PROJECT RIO (REINTEGRATION OF OFFENDERS)
305-14 Sec. 217.001. DEFINITIONS
305-15 Sec. 217.002. PROJECT RIO
305-16 Sec. 217.003. ADMINISTRATION
305-17 Sec. 217.004. MEMORANDUM OF UNDERSTANDING--ADOPTION
305-18 Sec. 217.005. MEMORANDUM OF UNDERSTANDING--CONTENTS
305-19 Sec. 217.006. PROJECT DIRECTOR
305-20 CHAPTER 217. PROJECT RIO
305-21 (REINTEGRATION OF OFFENDERS)
305-22 Sec. 217.001. DEFINITIONS. In this chapter:
305-23 (1) "Department" means the Texas Department of
305-24 Criminal Justice.
305-25 (2) "Institutional division" means the institutional
305-26 division of the department.
305-27 (3) "Project RIO" means the project for reintegration
306-1 of offenders. (New; V.A.C.S. Art. 5221b-9ee(a).)
306-2 Sec. 217.002. PROJECT RIO. The project for reintegration of
306-3 offenders is a statewide employment referral program designed to
306-4 reintegrate into the labor force persons formerly confined in the
306-5 institutional division. (V.A.C.S. Art. 5221b-9ee(b) (part).)
306-6 Sec. 217.003. ADMINISTRATION. The department and the
306-7 commission shall cooperate to maximize the effectiveness of Project
306-8 RIO. For that purpose, the commission shall administer the
306-9 project. (V.A.C.S. Art. 5221b-9ee(b) (part).)
306-10 Sec. 217.004. MEMORANDUM OF UNDERSTANDING--ADOPTION. (a)
306-11 The department and the commission shall adopt a memorandum of
306-12 understanding that establishes the respective responsibilities of
306-13 each agency and of the divisions within the department.
306-14 (b) The commission shall coordinate the development of the
306-15 memorandum of understanding. The department shall adopt rules as
306-16 necessary to implement the memorandum and may amend the memorandum
306-17 and those rules as necessary. (V.A.C.S. Arts. 5221b-9ee(b) (part),
306-18 (c).)
306-19 Sec. 217.005. MEMORANDUM OF UNDERSTANDING--CONTENTS. (a)
306-20 The memorandum of understanding must establish the role of:
306-21 (1) the institutional division in ascertaining and
306-22 encouraging an inmate's chances for employment by:
306-23 (A) providing vocational and educational
306-24 assessment for the person while incarcerated in the division;
306-25 (B) developing a skills enhancement program for
306-26 the person while incarcerated, in cooperation with other
306-27 governmental, educational, and private entities, using available
307-1 public or private financial resources authorized by statute; and
307-2 (C) referring the person on release to the
307-3 project through the person's parole officer;
307-4 (2) the community justice assistance division and the
307-5 pardons and paroles division of the department in:
307-6 (A) encouraging and referring persons to the
307-7 project; and
307-8 (B) ensuring that those persons participate in
307-9 the project and avail themselves of its services; and
307-10 (3) the commission in developing and maintaining a
307-11 statewide network for finding positions of employment that require
307-12 the skills possessed by project participants and in helping those
307-13 participants to secure employment.
307-14 (b) The memorandum also must establish the methods by which
307-15 the commission shall coordinate its efforts under this chapter with
307-16 the operations of service providers operating under Chapter 301
307-17 (Texas Job-Training Partnership Act). (V.A.C.S. Art. 5221b-9ee(b)
307-18 (part).)
307-19 Sec. 217.006. PROJECT DIRECTOR. (a) The administrator of
307-20 the commission shall designate the director of Project RIO to
307-21 coordinate the efforts of the affected state agencies and expedite
307-22 the delivery of services to participants in the project, including
307-23 prospective employers.
307-24 (b) The project director shall:
307-25 (1) propose, for adoption by the commission, standards
307-26 and guidelines for the operation of the project;
307-27 (2) obtain information from appropriate state agencies
308-1 and offices affiliated with the project to determine any necessary
308-2 changes in the project;
308-3 (3) disseminate information statewide about the
308-4 project; and
308-5 (4) train commission staff to assist in the operation
308-6 of affiliated services. (V.A.C.S. Arts. 5221b-9ee(d), (e).)
308-7 (Chapters 218-300 reserved for expansion)
308-8 SUBTITLE B. ADDITIONAL EMPLOYMENT SERVICES
308-9 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
308-10 SUBCHAPTER A. GENERAL PROVISIONS
308-11 Sec. 301.001. SHORT TITLE
308-12 Sec. 301.002. PURPOSE
308-13 Sec. 301.003. STATE POLICY
308-14 Sec. 301.004. STATE GOALS
308-15 Sec. 301.005. DEFINITIONS
308-16 (Sections 301.006-301.020 reserved for expansion)
308-17 SUBCHAPTER B. STATE ADMINISTRATION
308-18 Sec. 301.021. GENERAL DUTIES OF GOVERNOR'S OFFICE
308-19 AND STAFF
308-20 Sec. 301.022. GENERAL DUTIES OF DEPARTMENT
308-21 Sec. 301.023. COMPOSITION OF STATE JOB TRAINING COORDINATING
308-22 COUNCIL; MEETINGS
308-23 Sec. 301.024. DUTIES OF STATE COUNCIL
308-24 Sec. 301.025. SUBMISSION OF AGENCY INFORMATION TO STATE
308-25 COUNCIL
308-26 Sec. 301.026. MONITORING COMMITTEE; SUBMISSION OF AGENCY
308-27 INFORMATION
309-1 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION TO
309-2 COMMITTEE
309-3 Sec. 301.028. RULES
309-4 (Sections 301.029-301.040 reserved for expansion)
309-5 SUBCHAPTER C. PROGRAM DELIVERY SYSTEM--STATE AND
309-6 LOCAL RESPONSIBILITIES
309-7 Sec. 301.041. DESIGNATION OF SERVICE DELIVERY AREAS
309-8 Sec. 301.042. CERTIFICATION OF PRIVATE INDUSTRY
309-9 COUNCILS
309-10 Sec. 301.043. STANDARDS FOR LOCAL ADMINISTRATIVE
309-11 ENTITY
309-12 Sec. 301.044. COMPOSITION OF PRIVATE INDUSTRY COUNCILS
309-13 Sec. 301.045. AGREEMENT FOR LOCAL PROCEDURES
309-14 Sec. 301.046. PREPARATION AND SUBMISSION OF LOCAL PLANS
309-15 Sec. 301.047. APPROVAL OF LOCAL PLAN
309-16 Sec. 301.048. LOCAL IMPLEMENTATION; SERVICE DELIVERY
309-17 AREA COORDINATION
309-18 Sec. 301.049. GOVERNOR'S COORDINATION AND SPECIAL SERVICES
309-19 PLAN AND ACTIVITIES
309-20 Sec. 301.050. REVIEW AND COMMENT BY LEGISLATURE
309-21 Sec. 301.051. PERFORMANCE STANDARD VARIATIONS
309-22 Sec. 301.052. PROGRAM RECORDKEEPING, ACCOUNTABILITY,
309-23 AND AUDITS
309-24 Sec. 301.053. PROGRAMS FOR STUDENT DROPOUTS
309-25 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
309-26 SUBCHAPTER A. GENERAL PROVISIONS
309-27 Sec. 301.001. SHORT TITLE. This chapter may be cited as the
310-1 Texas Job Training Partnership Act. (V.A.C.S. Art. 4413(52), Sec.
310-2 1.)
310-3 Sec. 301.002. PURPOSE. The purpose of this chapter is to
310-4 facilitate the development and implementation of effective state
310-5 and local systems for managing job training, employment, and
310-6 related programs in this state, as authorized by the federal act.
310-7 (V.A.C.S. Art. 4413(52), Sec. 2(a).)
310-8 Sec. 301.003. STATE POLICY. It is the policy of this state
310-9 that:
310-10 (1) all available resources from federal, state, and
310-11 local governments, business, labor, and community-based
310-12 organizations are coordinated to develop and promote a balanced,
310-13 equitable, and cost-beneficial employment and training system;
310-14 (2) the governor and the legislature consult in
310-15 implementing the federal act and this chapter; and
310-16 (3) to reduce dependency on public assistance, the
310-17 programs created under this chapter emphasize service to AFDC
310-18 recipients. (V.A.C.S. Art. 4413(52), Sec. 2(b).)
310-19 Sec. 301.004. STATE GOALS. (a) It is a goal of this state
310-20 to assist its citizens to obtain gainful employment and to reduce
310-21 dependency on public assistance and unemployment compensation by:
310-22 (1) preparing young people and unskilled adults who
310-23 are economically disadvantaged for entry into the work force;
310-24 (2) assisting citizens faced with serious barriers to
310-25 employment, including age, disability, lack of education, and
310-26 locality, to overcome those barriers;
310-27 (3) taking an affirmative role in ensuring the maximum
311-1 use of available resources in planning, implementing, and
311-2 facilitating this chapter through a partnership of individuals from
311-3 the various diverse communities of the state, including
311-4 representatives of business communities, local and state
311-5 government, ethnic communities, education communities, and the
311-6 various cultural and socioeconomic communities, in participation in
311-7 decision-making and policy-making activities associated with
311-8 programs created under this chapter; and
311-9 (4) retraining individuals whose current skills are no
311-10 longer in demand in the labor market or who have been laid off from
311-11 full-time employment, and who must upgrade their work skills to
311-12 return to the work force.
311-13 (b) It is a goal of this state to develop a well-trained,
311-14 productive work force to meet the needs of a changing economy by:
311-15 (1) coordinating existing labor market information to
311-16 maximize its utility for planning and operating programs;
311-17 (2) providing enhanced employment and training
311-18 capabilities that are specially designed to meet the needs of
311-19 business and industry, including industries that use advanced
311-20 technology;
311-21 (3) linking employment and training services with
311-22 economic development efforts; and
311-23 (4) coordinating planning and delivery of job
311-24 training, employment, and related programs provided by separate
311-25 state agencies to improve the efficiency and effectiveness of those
311-26 programs. (V.A.C.S. Art. 4413(52), Sec. 3.)
311-27 Sec. 301.005. DEFINITIONS. (a) In this chapter:
312-1 (1) "Committee" means the monitoring committee
312-2 established under Section 301.026.
312-3 (2) "Department" means the Texas Department of
312-4 Commerce.
312-5 (3) "Federal act" means the federal Job Training
312-6 Partnership Act (29 U.S.C. Section 1501 et seq.).
312-7 (4) "Grant recipient" means an entity that contracts
312-8 for and receives funds from the governor.
312-9 (5) "Labor market area" means an economically
312-10 integrated geographical area within which individuals may reside
312-11 and find employment within a reasonable distance.
312-12 (6) "Service delivery area" means a geographic area
312-13 designated as a service delivery area under Section 301.041.
312-14 (7) "State council" means the State Job Training
312-15 Coordinating Council.
312-16 (b) The definitions provided by Section 4 of the federal act
312-17 apply to this chapter, except that "governor" means the governor of
312-18 this state. (New; V.A.C.S. Art. 4413(52), Secs. 4 (part), 8(b)
312-19 (part).)
312-20 (Sections 301.006-301.020 reserved for expansion)
312-21 SUBCHAPTER B. STATE ADMINISTRATION
312-22 Sec. 301.021. GENERAL DUTIES OF GOVERNOR'S OFFICE AND STAFF.
312-23 (a) The governor or the governor's delegated agency is responsible
312-24 for the planning, monitoring, implementing, and evaluating of job
312-25 training, employment, and related programs as provided for by the
312-26 federal act.
312-27 (b) A job training and employment staff is in the governor's
313-1 office. The staff has responsibility for policy development,
313-2 program planning, monitoring, and evaluation of the programs under
313-3 this chapter in coordination with existing state agencies as
313-4 provided under the federal act. The staff shall:
313-5 (1) assist the state council as directed by the
313-6 governor; and
313-7 (2) perform other functions relating to the job
313-8 training, employment, and related programs as assigned by the
313-9 governor. (V.A.C.S. Art. 4413(52), Secs. 5(a), 8(c) (part).)
313-10 Sec. 301.022. GENERAL DUTIES OF DEPARTMENT. The department
313-11 has primary responsibility for implementation and management of the
313-12 job training program. The department shall perform other functions
313-13 relating to the job training program as assigned by the governor.
313-14 (V.A.C.S. Art. 4413(52), Sec. 5(b).)
313-15 Sec. 301.023. COMPOSITION OF STATE JOB TRAINING COORDINATING
313-16 COUNCIL; MEETINGS. (a) The governor shall appoint the members of
313-17 the State Job Training Coordinating Council in accordance with the
313-18 federal act. The state council may not have more than 40 members,
313-19 including the presiding officer.
313-20 (b) The state council shall meet at least once quarterly.
313-21 (V.A.C.S. Art. 4413(52), Sec. 8(b) (part).)
313-22 Sec. 301.024. DUTIES OF STATE COUNCIL. The state council
313-23 shall:
313-24 (1) develop and recommend statewide goals and program
313-25 objectives;
313-26 (2) identify needs for training and employment
313-27 services;
314-1 (3) review operations of local programs and state
314-2 agencies providing job training, employment, and related programs
314-3 identified in the federal act;
314-4 (4) establish standards for coordinating program
314-5 planning and operations;
314-6 (5) evaluate the results of state and local training
314-7 and employment services;
314-8 (6) develop and recommend to the governor the state's
314-9 coordination and special services plan;
314-10 (7) perform the functions assigned to the state job
314-11 training coordinating council for the job opportunities and basic
314-12 skills program under Title IV of the Social Security Act (42
314-13 U.S.C. Section 681 et seq.);
314-14 (8) perform the functions of the advisory council
314-15 required under the Wagner-Peyser Act (29 U.S.C. Section 49), as
314-16 implemented under Subtitle A (Texas Unemployment Compensation Act);
314-17 (9) assist each private industry council in developing
314-18 programs to serve AFDC recipients;
314-19 (10) develop conflict-of-interest guidelines relating
314-20 to the participation of a member of a private industry council in a
314-21 contract with the service delivery area administered by that
314-22 private industry council; and
314-23 (11) perform functions relating to job training,
314-24 employment, and related programs as required by the federal act or
314-25 as assigned by the governor. (V.A.C.S. Art. 4413(52), Sec. 8(b)
314-26 (part).)
314-27 Sec. 301.025. SUBMISSION OF AGENCY INFORMATION TO STATE
315-1 COUNCIL. A state agency providing an employment, job training, or
315-2 related program shall:
315-3 (1) provide to the state council information for
315-4 planning, reviewing program operations, and evaluating program
315-5 results as required by the governor; and
315-6 (2) submit the agency's plans to the state council.
315-7 (V.A.C.S. Art. 4413(52), Sec. 8(d).)
315-8 Sec. 301.026. MONITORING COMMITTEE; SUBMISSION OF AGENCY
315-9 INFORMATION. (a) A joint committee appointed by the speaker of
315-10 the house of representatives and the lieutenant governor shall
315-11 monitor the progress of the implementation of this chapter. The
315-12 committee shall recommend:
315-13 (1) any necessary legislative action or remedies for
315-14 the next regular session of the legislature; and
315-15 (2) congressional remedies.
315-16 (b) To monitor implementation of this chapter as required by
315-17 Subsection (a), the committee may oversee each employment, job
315-18 training, and related program conducted by a state agency. Each
315-19 state agency that conducts such a program shall cooperate fully
315-20 with the committee and shall submit information and reports to the
315-21 committee as requested by the committee. (V.A.C.S. Art. 4413(52),
315-22 Sec. 6.)
315-23 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION TO COMMITTEE.
315-24 (a) To obtain information necessary to monitor the progress of the
315-25 implementation of this chapter, the committee is entitled to
315-26 receive the results of audits that relate to state and local job
315-27 training plans. The committee may prescribe the form in which the
316-1 results are reported to the committee.
316-2 (b) The state auditor shall submit to the committee the
316-3 results of a financial audit, effectiveness audit, or compliance
316-4 audit conducted under Section 321.013, Government Code, that relate
316-5 to the operation of an employment, job training, or related program
316-6 administered by a state agency.
316-7 (c) The private industry council and appropriate chief
316-8 elected official of each service delivery area shall submit to the
316-9 state auditor, in the manner directed by the state auditor, the
316-10 results of an audit conducted under audit procedures established
316-11 under Section 301.052(b) that relates to the operation of the
316-12 service delivery area's program of job training, employment, or
316-13 related services. The state auditor shall compile a summary of
316-14 audit results from the information received from each service
316-15 delivery area and shall submit the summary in writing to the
316-16 committee. (V.A.C.S. Art. 4413(52), Sec. 6A.)
316-17 Sec. 301.028. RULES. The governor may adopt rules to
316-18 implement this chapter and the federal act. (V.A.C.S. Art.
316-19 4413(52), Sec. 10.)
316-20 (Sections 301.029-301.040 reserved for expansion)
316-21 SUBCHAPTER C. PROGRAM DELIVERY SYSTEM--STATE AND LOCAL
316-22 RESPONSIBILITIES
316-23 Sec. 301.041. DESIGNATION OF SERVICE DELIVERY AREAS. The
316-24 governor shall designate service delivery areas according to the
316-25 procedures established by the federal act so that:
316-26 (1) each service delivery area is composed of one or
316-27 more units of local government within which programs can be
317-1 efficiently and effectively provided;
317-2 (2) each service delivery area meets the federal act
317-3 requirements for the establishment of a service delivery area;
317-4 (3) the number of service delivery areas, to the
317-5 extent feasible, is kept to a minimum for administrative
317-6 efficiency; and
317-7 (4) the size of each service delivery area entitles
317-8 the area to receive an allocation of funds sufficient to plan and
317-9 operate an effective local program, as determined by the governor.
317-10 (V.A.C.S. Art. 4413(52), Secs. 4 (part), 7(a).)
317-11 Sec. 301.042. CERTIFICATION OF PRIVATE INDUSTRY COUNCILS.
317-12 The governor shall certify a private industry council in each
317-13 service delivery area when the governor determines that the
317-14 appointment procedures and composition of the membership of the
317-15 private industry council are consistent with the requirements of
317-16 the federal act. (V.A.C.S. Art. 4413(52), Sec. 7(b).)
317-17 Sec. 301.043. STANDARDS FOR LOCAL ADMINISTRATIVE ENTITY.
317-18 The governor shall prescribe standards for the selection of a local
317-19 entity to administer programs authorized under the federal act to
317-20 ensure that the entity can:
317-21 (1) develop plans and provide for efficient and
317-22 effective programs;
317-23 (2) provide accurate management information when
317-24 required; and
317-25 (3) properly disburse, account for, and control all
317-26 fund expenditures. (V.A.C.S. Art. 4413(52), Sec. 7(c).)
317-27 Sec. 301.044. COMPOSITION OF PRIVATE INDUSTRY COUNCILS. (a)
318-1 The appropriate chief elected officials in each service delivery
318-2 area shall select the members and the initial size of the private
318-3 industry council for the area in accordance with procedures
318-4 specified in the federal act.
318-5 (b) Each private industry council must include a
318-6 representative of the local Texas Department of Human Services
318-7 region. (V.A.C.S. Art. 4413(52), Sec. 7(d).)
318-8 Sec. 301.045. AGREEMENT FOR LOCAL PROCEDURES. The
318-9 appropriate chief elected officials in a service delivery area
318-10 shall enter into an agreement with the private industry council of
318-11 the area to determine procedures for:
318-12 (1) the selection of the grant recipient, the planning
318-13 entity, and the administrative entity for the service delivery
318-14 area; and
318-15 (2) the development of the local job training plan.
318-16 (V.A.C.S. Art. 4413(52), Sec. 7(e).)
318-17 Sec. 301.046. PREPARATION AND SUBMISSION OF LOCAL PLANS.
318-18 The appropriate chief elected officials in each service delivery
318-19 area and the private industry council of the area shall, in
318-20 accordance with their agreement:
318-21 (1) prepare a plan that provides a comprehensive
318-22 program of job training, employment, and related services in
318-23 response to the needs of the eligible persons within the service
318-24 delivery area;
318-25 (2) submit the plan before the 120th day before the
318-26 beginning date of the plan to the committee, each house of the
318-27 legislature, and other entities as prescribed by the federal act;
319-1 and
319-2 (3) develop jointly with the Texas State Employment
319-3 Service those components of the state plan required under the
319-4 Wagner-Peyser Act (29 U.S.C. Section 49g) that are applicable to
319-5 that service delivery area. (V.A.C.S. Art. 4413(52), Sec. 9(a)
319-6 (part).)
319-7 Sec. 301.047. APPROVAL OF LOCAL PLAN. The governor shall
319-8 approve or disapprove a final local job training plan or
319-9 modification according to the standards established by the federal
319-10 act. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
319-11 Sec. 301.048. LOCAL IMPLEMENTATION; SERVICE DELIVERY AREA
319-12 COORDINATION. (a) The appropriate chief elected officials in each
319-13 service delivery area and the private industry council for the area
319-14 shall:
319-15 (1) allocate available resources to its program of job
319-16 training, employment, and related services;
319-17 (2) develop procedures and standards for the selection
319-18 of eligible participants and their eligibility determination; and
319-19 (3) select service providers with a demonstrated
319-20 capability to provide effective services and achieve performance
319-21 goals.
319-22 (b) If a single labor market area contains more than one
319-23 service delivery area, the appropriate chief elected officials and
319-24 the private industry council for each of the applicable service
319-25 delivery areas shall coordinate their activities as required by the
319-26 federal act. (V.A.C.S. Art. 4413(52), Secs. 9(b), (c).)
319-27 Sec. 301.049. GOVERNOR'S COORDINATION AND SPECIAL SERVICES
320-1 PLAN AND ACTIVITIES. (a) The governor or the governor's delegated
320-2 agency shall:
320-3 (1) prepare a statement of goals and objectives for
320-4 job training and placement programs;
320-5 (2) provide specifications for the design,
320-6 development, and operation of a statewide uniform labor market
320-7 information system to facilitate the timely availability of
320-8 employment and training information throughout the state;
320-9 (3) develop and provide to service delivery areas
320-10 information on a state and local basis regarding economic,
320-11 industrial, and labor market conditions;
320-12 (4) plan, provide for the operation of, and evaluate
320-13 special model or demonstration programs, including programs
320-14 receiving financial assistance from private sources;
320-15 (5) make available to service delivery areas, with or
320-16 without reimbursement and on request, appropriate information and
320-17 technical assistance to assist in developing and implementing plans
320-18 and programs; and
320-19 (6) provide preservice and in-service training to
320-20 improve the professional capability of managers and technical staff
320-21 of state agencies, local administrative entities, private industry
320-22 councils, and contractors involved in planning and operating
320-23 programs.
320-24 (b) The governor shall submit a coordination and special
320-25 services plan to the United States secretary of labor in accordance
320-26 with the federal act. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
320-27 Sec. 301.050. REVIEW AND COMMENT BY LEGISLATURE. (a) The
321-1 legislature may review and comment on the job training plan
321-2 submitted from each service delivery area.
321-3 (b) The governor shall submit the governor's coordination
321-4 and special services plan to the lieutenant governor and the
321-5 speaker of the house of representatives not later than February 1
321-6 of each odd-numbered year. The lieutenant governor and speaker
321-7 shall refer the plan to the appropriate senate and house committees
321-8 for review and comment. (V.A.C.S. Art. 4413(52), Sec. 8(a).)
321-9 Sec. 301.051. PERFORMANCE STANDARD VARIATIONS. The governor
321-10 shall prescribe, within parameters established by the secretary,
321-11 variations in the performance standards for programs under the
321-12 federal act. The variations must recognize the economic,
321-13 geographic, and demographic differences in the various regions of
321-14 the state. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
321-15 Sec. 301.052. PROGRAM RECORDKEEPING, ACCOUNTABILITY, AND
321-16 AUDITS. (a) The governor or the governor's delegated agency
321-17 shall:
321-18 (1) establish and maintain a computerized statewide
321-19 management information system to collect and maintain the
321-20 financial, participant, and program information necessary to ensure
321-21 monthly program accountability;
321-22 (2) develop and formally issue procedures to ensure
321-23 consistency of definitions, formats, recordkeeping, information
321-24 gathering, and reporting, including procedures concerning:
321-25 (A) planning and contracting;
321-26 (B) labor market information;
321-27 (C) financial management;
322-1 (D) participant tracking;
322-2 (E) monitoring;
322-3 (F) evaluations;
322-4 (G) audits;
322-5 (H) complaints and grievance procedures;
322-6 (I) personnel standards, including equal
322-7 opportunity compliance; and
322-8 (J) property management;
322-9 (3) at least once annually, monitor or provide for the
322-10 monitoring of each grant recipient and contractor to ensure
322-11 compliance; and
322-12 (4) at least once every two years, provide for an
322-13 independent audit of each recipient of funds authorized under the
322-14 federal act.
322-15 (b) The appropriate chief elected officials in each service
322-16 delivery area and the private industry council of the area shall,
322-17 in accordance with their agreement:
322-18 (1) prepare and submit an annual report to the
322-19 governor in accordance with the federal act;
322-20 (2) establish procedures for providing oversight of
322-21 all programs conducted under the local job training plan;
322-22 (3) maintain records and a management information
322-23 system designed to facilitate uniform compilation and analysis of
322-24 programmatic and financial information for the service delivery
322-25 area, consistent with federal and state requirements; and
322-26 (4) establish fiscal, audit, and debt-collection
322-27 procedures to ensure the proper disbursal, use, and accounting of
323-1 all funds provided under the federal act. (V.A.C.S. Art. 4413(52),
323-2 Secs. 8(c) (part), 9(a) (part).)
323-3 Sec. 301.053. PROGRAMS FOR STUDENT DROPOUTS. (a) To
323-4 provide educational services to student dropouts, the department
323-5 may contract with public community and junior colleges and private,
323-6 nonprofit organizations that conduct model or exemplary youth
323-7 programs that meet the unique educational needs of student
323-8 dropouts. In entering into a contract, the department must follow
323-9 the same procedure as a state agency contracting with a private
323-10 consultant under Chapter 454, Acts of the 65th Legislature, Regular
323-11 Session, 1977 (Article 6252-11c, Vernon's Texas Civil Statutes).
323-12 (b) A contract entered into under this section must be
323-13 structured to encourage partnerships among public school districts,
323-14 public community and junior colleges, private industry councils,
323-15 and the private, nonprofit organizations.
323-16 (c) A program provided under a contract entered into under
323-17 this section must provide services that attempt to:
323-18 (1) return student dropouts to the public school
323-19 system;
323-20 (2) prepare student dropouts to complete the
323-21 requirements for a general equivalency or adult proficiency level
323-22 diploma; and
323-23 (3) prepare student dropouts to obtain permanent
323-24 employment.
323-25 (d) A program provided under a contract entered into under
323-26 this section must provide a curriculum that is flexible and
323-27 innovative and that provides training in basic skills.
324-1 (e) An organization providing a program under this section
324-2 shall document its overall strategy and success rate in educating
324-3 student dropouts and provide this information to each school
324-4 district in the area the organization serves. The organization
324-5 shall request information from each of the school districts
324-6 regarding the referral process, curriculum, and instructional
324-7 resources of the program.
324-8 (f) The primary standard to be used in determining the
324-9 success rate of a program under this section is the rate at which
324-10 student dropouts in the program:
324-11 (1) return to public school;
324-12 (2) acquire a general equivalency or adult proficiency
324-13 level diploma;
324-14 (3) obtain permanent employment; and
324-15 (4) are not being arrested or prosecuted for a crime.
324-16 (V.A.C.S. Art. 4413(52), Sec. 9A.)
324-17 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED HOMEMAKERS
324-18 Sec. 302.001. DEFINITIONS
324-19 Sec. 302.002. JOB COUNSELING PROGRAM
324-20 Sec. 302.003. PERSONNEL; OFFICE
324-21 Sec. 302.004. COOPERATION BY STATE AGENCIES AND
324-22 POLITICAL SUBDIVISIONS
324-23 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED HOMEMAKERS
324-24 Sec. 302.001. DEFINITIONS. In this chapter:
324-25 (1) "Commission" means the Texas Employment
324-26 Commission.
324-27 (2) "Displaced homemaker" means a person who:
325-1 (A) has worked without pay as a homemaker for
325-2 the person's family;
325-3 (B) is not gainfully employed;
325-4 (C) has had, or would have, difficulty in
325-5 obtaining employment; and
325-6 (D) has depended on:
325-7 (i) the income of a family member for
325-8 financial support and has lost that income; or
325-9 (ii) government assistance as the parent
325-10 of dependent children and is no longer eligible for that
325-11 assistance. (V.A.C.S. Art. 5221g, Sec. 2.)
325-12 Sec. 302.002. JOB COUNSELING PROGRAM. (a) The commission,
325-13 through a special assistance job counseling program, shall:
325-14 (1) provide counseling for displaced homemakers;
325-15 (2) assist displaced homemakers in obtaining training
325-16 and education; and
325-17 (3) place displaced homemakers in suitable employment.
325-18 (b) The counseling must:
325-19 (1) consider and build on the skills and experiences
325-20 of the homemaker; and
325-21 (2) prepare the person, through employment counseling,
325-22 to reenter the paid work force and develop and improve job skills.
325-23 (c) The commission shall design the program specifically for
325-24 persons reentering the paid work force after a number of years as
325-25 homemakers to enable them to assume or resume a valuable role in
325-26 the paid work force commensurate with the homemakers' talents and
325-27 abilities.
326-1 (d) The commission may not charge a fee for participation in
326-2 the program by a displaced homemaker. (V.A.C.S. Art. 5221g, Secs.
326-3 1 (part), 3.)
326-4 Sec. 302.003. PERSONNEL; OFFICE. The commission shall use
326-5 its personnel, services, facilities, and equipment to operate the
326-6 job counseling program. (V.A.C.S. Art. 5221g, Sec. 4.)
326-7 Sec. 302.004. COOPERATION BY STATE AGENCIES AND POLITICAL
326-8 SUBDIVISIONS. State agencies and political subdivisions of the
326-9 state shall cooperate with the commission in obtaining suitable
326-10 employment for displaced homemakers counseled by the commission.
326-11 (V.A.C.S. Art. 5221g, Sec. 5.)
326-12 (Chapters 303-400 reserved for expansion)
326-13 TITLE 5. WORKERS' COMPENSATION
326-14 SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT
326-15 CHAPTER 401. GENERAL PROVISIONS
326-16 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
326-17 Sec. 401.001. SHORT TITLE
326-18 Sec. 401.002. APPLICATION OF SUNSET ACT
326-19 (Sections 401.003-401.010 reserved for expansion)
326-20 SUBCHAPTER B. DEFINITIONS
326-21 Sec. 401.011. GENERAL DEFINITIONS
326-22 Sec. 401.012. DEFINITION OF EMPLOYEE
326-23 Sec. 401.013. DEFINITION OF INTOXICATION
326-24 (Sections 401.014-401.020 reserved for expansion)
326-25 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
326-26 Sec. 401.021. APPLICATION OF OTHER ACTS
326-27 Sec. 401.022. DISCRIMINATION PROHIBITED
327-1 Sec. 401.023. INTEREST OR DISCOUNT RATE
327-2 CHAPTER 401. GENERAL PROVISIONS
327-3 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
327-4 Sec. 401.001. SHORT TITLE. This subtitle may be cited as
327-5 the Texas Workers' Compensation Act. (V.A.C.S. Art. 8308-1.01.)
327-6 Sec. 401.002. APPLICATION OF SUNSET ACT. The Texas Workers'
327-7 Compensation Commission and the Texas Workers' Compensation
327-8 Research Center are subject to Chapter 325, Government Code (Texas
327-9 Sunset Act). Unless continued in existence as provided by that
327-10 chapter, the commission is abolished September 1, 1995, and the
327-11 research center and the legislative oversight committee are
327-12 abolished September 1, 1995. (V.A.C.S. Art. 8308-1.02(b).)
327-13 (Sections 401.003-401.010 reserved for expansion)
327-14 SUBCHAPTER B. DEFINITIONS
327-15 Sec. 401.011. GENERAL DEFINITIONS. In this subtitle:
327-16 (1) "Adjuster" means a person licensed under Chapter
327-17 407, Acts of the 63rd Legislature, Regular Session, 1973 (Article
327-18 21.07-4, Vernon's Texas Insurance Code).
327-19 (2) "Administrative violation" means a violation of
327-20 this subtitle or a rule adopted under this subtitle that is subject
327-21 to penalties and sanctions as provided by this subtitle.
327-22 (3) "Agreement" means the resolution by the parties to
327-23 a dispute under this subtitle of one or more issues regarding an
327-24 injury, death, coverage, compensability, or compensation. The term
327-25 does not include a settlement.
327-26 (4) "Alien" means a person who is not a citizen of the
327-27 United States.
328-1 (5) "Benefit" means a medical benefit, an income
328-2 benefit, a death benefit, or a burial benefit based on a
328-3 compensable injury.
328-4 (6) "Certified self-insurer" means a private employer
328-5 granted a certificate of authority to self-insure, as authorized by
328-6 this subtitle, for the payment of compensation.
328-7 (7) "Child" means a son or daughter. The term
328-8 includes an adopted child or a stepchild who is a dependent of the
328-9 employee.
328-10 (8) "Commission" means the Texas Workers' Compensation
328-11 Commission.
328-12 (9) "Commute" means to pay in a lump sum.
328-13 (10) "Compensable injury" means an injury that arises
328-14 out of and in the course and scope of employment for which
328-15 compensation is payable under this subtitle.
328-16 (11) "Compensation" means payment of a benefit.
328-17 (12) "Course and scope of employment" means an
328-18 activity of any kind or character that has to do with and
328-19 originates in the work, business, trade, or profession of the
328-20 employer and that is performed by an employee while engaged in or
328-21 about the furtherance of the affairs or business of the employer.
328-22 The term includes an activity conducted on the premises of the
328-23 employer or at other locations. The term does not include:
328-24 (A) transportation to and from the place of
328-25 employment unless:
328-26 (i) the transportation is furnished as a
328-27 part of the contract of employment or is paid for by the employer;
329-1 (ii) the means of the transportation are
329-2 under the control of the employer; or
329-3 (iii) the employee is directed in the
329-4 employee's employment to proceed from one place to another place;
329-5 or
329-6 (B) travel by the employee in the furtherance of
329-7 the affairs or business of the employer if the travel is also in
329-8 furtherance of personal or private affairs of the employee unless:
329-9 (i) the travel to the place of occurrence
329-10 of the injury would have been made even had there been no personal
329-11 or private affairs of the employee to be furthered by the travel;
329-12 and
329-13 (ii) the travel would not have been made
329-14 had there been no affairs or business of the employer to be
329-15 furthered by the travel.
329-16 (13) "Death benefit" means a payment made under this
329-17 subtitle to a legal beneficiary because of the death of an
329-18 employee.
329-19 (14) "Dependent" means an individual who receives a
329-20 regular or recurring economic benefit that contributes
329-21 substantially to the individual's welfare and livelihood if the
329-22 individual is eligible for distribution of benefits under Chapter
329-23 408.
329-24 (15) "Designated doctor" means a doctor appointed by
329-25 mutual agreement of the parties or by the commission to recommend a
329-26 resolution of a dispute as to the medical condition of an injured
329-27 employee.
330-1 (16) "Disability" means the inability because of a
330-2 compensable injury to obtain and retain employment at wages
330-3 equivalent to the preinjury wage.
330-4 (17) "Doctor" means a doctor of medicine, osteopathic
330-5 medicine, optometry, dentistry, podiatry, or chiropractic who is
330-6 licensed and authorized to practice.
330-7 (18) "Employer" means, unless otherwise specified, a
330-8 person who makes a contract of hire, employs one or more employees,
330-9 and has workers' compensation insurance coverage. The term
330-10 includes a governmental entity that self-insures, either
330-11 individually or collectively.
330-12 (19) "Health care" includes all reasonable and
330-13 necessary medical aid, medical examinations, medical treatments,
330-14 medical diagnoses, medical evaluations, and medical services. The
330-15 term does not include vocational rehabilitation. The term
330-16 includes:
330-17 (A) medical, surgical, chiropractic, podiatric,
330-18 optometric, dental, nursing, and physical therapy services provided
330-19 by or at the direction of a doctor;
330-20 (B) physical rehabilitation services performed
330-21 by a licensed occupational therapist provided by or at the
330-22 direction of a doctor;
330-23 (C) psychological services prescribed by a
330-24 doctor;
330-25 (D) the services of a hospital or other health
330-26 care facility;
330-27 (E) a prescription drug, medicine, or other
331-1 remedy; and
331-2 (F) a medical or surgical supply, appliance,
331-3 brace, artificial member, or prosthesis, including training in the
331-4 use of the appliance, brace, member, or prosthesis.
331-5 (20) "Health care facility" means a hospital,
331-6 emergency clinic, outpatient clinic, or other facility providing
331-7 health care.
331-8 (21) "Health care practitioner" means:
331-9 (A) an individual who is licensed to provide or
331-10 render and provides or renders health care; or
331-11 (B) a nonlicensed individual who provides or
331-12 renders health care under the direction or supervision of a doctor.
331-13 (22) "Health care provider" means a health care
331-14 facility or health care practitioner.
331-15 (23) "Impairment" means any anatomic or functional
331-16 abnormality or loss existing after maximum medical improvement that
331-17 results from a compensable injury and is reasonably presumed to be
331-18 permanent.
331-19 (24) "Impairment rating" means the percentage of
331-20 permanent impairment of the whole body resulting from a compensable
331-21 injury.
331-22 (25) "Income benefit" means a payment made to an
331-23 employee for a compensable injury. The term does not include a
331-24 medical benefit, death benefit, or burial benefit.
331-25 (26) "Injury" means damage or harm to the physical
331-26 structure of the body and a disease or infection naturally
331-27 resulting from the damage or harm. The term includes an
332-1 occupational disease.
332-2 (27) "Insurance carrier" means:
332-3 (A) an insurance company;
332-4 (B) a certified self-insurer for workers'
332-5 compensation insurance; or
332-6 (C) a governmental entity that self-insures,
332-7 either individually or collectively.
332-8 (28) "Insurance company" means a person authorized and
332-9 admitted by the Texas Department of Insurance to do insurance
332-10 business in this state under a certificate of authority that
332-11 includes authorization to write workers' compensation insurance.
332-12 (29) "Legal beneficiary" means a person entitled to
332-13 receive a death benefit under this subtitle.
332-14 (30) "Maximum medical improvement" means the earlier
332-15 of:
332-16 (A) the earliest date after which, based on
332-17 reasonable medical probability, further material recovery from or
332-18 lasting improvement to an injury can no longer reasonably be
332-19 anticipated; or
332-20 (B) the expiration of 104 weeks from the date on
332-21 which income benefits begin to accrue.
332-22 (31) "Medical benefit" means payment for health care
332-23 reasonably required by the nature of a compensable injury and
332-24 intended to:
332-25 (A) cure or relieve the effects naturally
332-26 resulting from the compensable injury, including reasonable
332-27 expenses incurred by the employee for necessary treatment to cure
333-1 and relieve the employee from the effects of an occupational
333-2 disease before and after the employee knew or should have known the
333-3 nature of the disability and its relationship to the employment;
333-4 (B) promote recovery; or
333-5 (C) enhance the ability of the employee to
333-6 return to or retain employment.
333-7 (32) "Objective" means independently verifiable or
333-8 confirmable results that are based on recognized laboratory or
333-9 diagnostic tests, or signs confirmable by physical examination.
333-10 (33) "Objective clinical or laboratory finding" means
333-11 a medical finding of impairment resulting from a compensable
333-12 injury, based on competent objective medical evidence, that is
333-13 independently confirmable by a doctor, including a designated
333-14 doctor, without reliance on the subjective symptoms perceived by
333-15 the employee.
333-16 (34) "Occupational disease" means a disease arising
333-17 out of and in the course of employment that causes damage or harm
333-18 to the physical structure of the body, including a repetitive
333-19 trauma injury. The term includes a disease or infection that
333-20 naturally results from the work-related disease. The term does not
333-21 include an ordinary disease of life to which the general public is
333-22 exposed outside of employment, unless that disease is an incident
333-23 to a compensable injury or occupational disease.
333-24 (35) "Penalty" means a fine established by this
333-25 subtitle.
333-26 (36) "Repetitive trauma injury" means damage or harm
333-27 to the physical structure of the body occurring as the result of
334-1 repetitious, physically traumatic activities that occur over time
334-2 and arise out of and in the course and scope of employment.
334-3 (37) "Representative" means a person, including an
334-4 attorney, authorized by the commission to assist or represent an
334-5 employee, a person claiming a death benefit, or an insurance
334-6 carrier in a matter arising under this subtitle that relates to the
334-7 payment of compensation.
334-8 (38) "Research center" means the Texas Workers'
334-9 Compensation Research Center established under Chapter 404.
334-10 (39) "Sanction" means a penalty or other punitive
334-11 action or remedy imposed by the commission on an insurance carrier,
334-12 representative, employee, employer, or health care provider for an
334-13 act or omission in violation of this subtitle or a rule or order of
334-14 the commission.
334-15 (40) "Settlement" means a final resolution of all the
334-16 issues in a workers' compensation claim that are permitted to be
334-17 resolved under the terms of this subtitle.
334-18 (41) "Subjective" means perceivable only by an
334-19 employee and not independently verifiable or confirmable by
334-20 recognized laboratory or diagnostic tests or signs observable by
334-21 physical examination.
334-22 (42) "Treating doctor" means the doctor who is
334-23 primarily responsible for the employee's health care for an injury.
334-24 (43) "Wages" includes all forms of remuneration
334-25 payable for a given period to an employee for personal services.
334-26 The term includes the market value of board, lodging, laundry,
334-27 fuel, and any other advantage that can be estimated in money that
335-1 the employee receives from the employer as part of the employee's
335-2 remuneration.
335-3 (44) "Workers' compensation insurance coverage" means:
335-4 (A) an approved insurance policy to secure the
335-5 payment of compensation;
335-6 (B) coverage to secure the payment of
335-7 compensation through self-insurance as provided by this subtitle;
335-8 or
335-9 (C) coverage provided by a governmental entity
335-10 to secure the payment of compensation. (V.A.C.S. Arts. 8308-1.03
335-11 (1-16, 17 (part), 19-29, 31-37, 39-43, 45-48).)
335-12 Sec. 401.012. DEFINITION OF EMPLOYEE. (a) In this
335-13 subtitle, "employee" means each person in the service of another
335-14 under a contract of hire, whether express or implied, or oral or
335-15 written.
335-16 (b) The term "employee" includes:
335-17 (1) an employee employed in the usual course and scope
335-18 of the employer's business who is directed by the employer
335-19 temporarily to perform services outside the usual course and scope
335-20 of the employer's business; and
335-21 (2) a person, other than an independent contractor or
335-22 the employee of an independent contractor, who is engaged in
335-23 construction, remodeling, or repair work for the employer at the
335-24 premises of the employer.
335-25 (c) The term "employee" does not include:
335-26 (1) a master of or a seaman on a vessel engaged in
335-27 interstate or foreign commerce; or
336-1 (2) a person whose employment is not in the usual
336-2 course and scope of the employer's business.
336-3 (d) A person who is an employee for the purposes of this
336-4 subtitle and engaged in work that otherwise may be legally
336-5 performed is an employee despite:
336-6 (1) a license, permit, or certificate violation
336-7 arising under state law or municipal ordinance; or
336-8 (2) a violation of a law regulating wages, hours, or
336-9 work on Sunday.
336-10 (e) This section may not be construed to relieve from fine
336-11 or imprisonment any individual, firm, or corporation employing or
336-12 performing work or a service prohibited by a statute of this state
336-13 or a municipal ordinance. (V.A.C.S. Art. 8308-1.03(18).)
336-14 Sec. 401.013. DEFINITION OF INTOXICATION. (a) In this
336-15 subtitle, "intoxication" means the state of:
336-16 (1) having an alcohol concentration as defined by
336-17 Article 6701l-1, Revised Statutes, of 0.10 or more; or
336-18 (2) not having the normal use of mental or physical
336-19 faculties resulting from the voluntary introduction into the body
336-20 of:
336-21 (A) an alcoholic beverage, as defined by Section
336-22 1.04, Alcoholic Beverage Code;
336-23 (B) a controlled substance or controlled
336-24 substance analogue, as defined by Section 481.002, Health and
336-25 Safety Code;
336-26 (C) a dangerous drug, as defined by Section
336-27 483.001, Health and Safety Code;
337-1 (D) an abusable glue or aerosol paint, as
337-2 defined by Section 485.001, Health and Safety Code; or
337-3 (E) any similar substance, the use of which is
337-4 regulated under state law.
337-5 (b) The term "intoxication" does not include the loss of
337-6 normal use of mental or physical faculties resulting from the
337-7 introduction into the body of a substance:
337-8 (1) taken under and in accordance with a prescription
337-9 written for the employee by the employee's doctor; or
337-10 (2) listed under Subsection (a) by inhalation or
337-11 absorption incidental to the employee's work. (V.A.C.S. Art.
337-12 8308-1.03(30).)
337-13 (Sections 401.014-401.020 reserved for expansion)
337-14 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
337-15 Sec. 401.021. APPLICATION OF OTHER ACTS. Except as
337-16 otherwise provided by this subtitle:
337-17 (1) a proceeding, hearing, judicial review, or
337-18 enforcement of a commission order, decision, or rule is governed by
337-19 Sections 1 through 12, other than Sections 4(a)(3) and 4(b), and by
337-20 Sections 13, 14, 14a, 15, 17, 19, and 19A, Administrative Procedure
337-21 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
337-22 Statutes);
337-23 (2) the open meetings law, Chapter 271, Acts of the
337-24 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
337-25 Texas Civil Statutes), applies to a proceeding under this subtitle,
337-26 other than:
337-27 (A) a benefit review conference;
338-1 (B) a contested case hearing;
338-2 (C) an appeals panel proceeding;
338-3 (D) arbitration; or
338-4 (E) another proceeding involving a determination
338-5 on a workers' compensation claim; and
338-6 (3) the open records law, Chapter 424, Acts of the
338-7 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
338-8 Texas Civil Statutes), applies to a record of the commission or the
338-9 research center. (V.A.C.S. Art. 8308-1.02(a).)
338-10 Sec. 401.022. DISCRIMINATION PROHIBITED. (a) This subtitle
338-11 may not be applied to discriminate because of race, sex, national
338-12 origin, or religion.
338-13 (b) This section does not prohibit consideration of an
338-14 anatomical difference in application of the impairment guidelines
338-15 under Chapter 408 in rating an injury or a disease such as, but not
338-16 limited to, breast cancer or an inguinal hernia. If an impairment
338-17 rating assigns different values to the same injury for males and
338-18 females, the higher value shall be applied. (V.A.C.S. Art.
338-19 8308-1.021.)
338-20 Sec. 401.023. INTEREST OR DISCOUNT RATE. (a) Interest or a
338-21 discount under this subtitle shall be computed at the rate provided
338-22 by this section.
338-23 (b) The commission shall compute and publish the interest
338-24 and discount rate quarterly, using the auction rate quoted on a
338-25 discount basis for the 52-week treasury bills issued by the United
338-26 States government, as published by the Federal Reserve Board on the
338-27 date nearest to the 15th day preceding the first day of the
339-1 calendar quarter for which the rate is to be effective. For this
339-2 purpose, calendar quarters begin January 1, April 1, July 1, and
339-3 October 1. (V.A.C.S. Art. 8308-1.04.)
339-4 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
339-5 SUBCHAPTER A. ORGANIZATION
339-6 Sec. 402.001. MEMBERSHIP REQUIREMENTS
339-7 Sec. 402.002. TERMS; VACANCY
339-8 Sec. 402.003. EFFECT OF LOBBYING ACTIVITY
339-9 Sec. 402.004. VOTING REQUIREMENTS
339-10 Sec. 402.005. REMOVAL OF COMMISSION MEMBERS
339-11 Sec. 402.006. PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION
339-12 Sec. 402.007. MEETINGS
339-13 Sec. 402.008. CHAIRMAN
339-14 Sec. 402.009. LEAVE OF ABSENCE
339-15 Sec. 402.010. CIVIL LIABILITY OF MEMBER
339-16 Sec. 402.011. REIMBURSEMENT
339-17 (Sections 402.012-402.020 reserved for expansion)
339-18 SUBCHAPTER B. ADMINISTRATION
339-19 Sec. 402.021. COMMISSION DIVISIONS
339-20 Sec. 402.022. PUBLIC INTEREST INFORMATION
339-21 Sec. 402.023. COMPLAINT INFORMATION
339-22 Sec. 402.024. PUBLIC PARTICIPATION
339-23 Sec. 402.025. AUDIT
339-24 (Sections 402.026-402.040 reserved for expansion)
339-25 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
339-26 Sec. 402.041. EXECUTIVE DIRECTOR
339-27 Sec. 402.042. GENERAL POWERS AND DUTIES OF EXECUTIVE
340-1 DIRECTOR
340-2 Sec. 402.043. ADMINISTRATIVE ASSISTANTS
340-3 Sec. 402.044. CAREER LADDER; ANNUAL PERFORMANCE
340-4 EVALUATIONS
340-5 Sec. 402.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY
340-6 STATEMENT
340-7 (Sections 402.046-402.060 reserved for expansion)
340-8 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
340-9 Sec. 402.061. ADOPTION OF RULES
340-10 Sec. 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS
340-11 Sec. 402.063. APPOINTMENT OF EXECUTIVE DIRECTOR
340-12 Sec. 402.064. FEES
340-13 Sec. 402.065. EMPLOYMENT OF COUNSEL
340-14 Sec. 402.066. RECOMMENDATIONS TO LEGISLATURE
340-15 Sec. 402.067. ADVISORY COMMITTEES
340-16 Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES PROHIBITED
340-17 Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
340-18 INFORMATION
340-19 Sec. 402.070. ANNUAL REPORT
340-20 Sec. 402.071. REPRESENTATIVES
340-21 Sec. 402.072. SANCTIONS
340-22 (Sections 402.073-402.080 reserved for expansion)
340-23 SUBCHAPTER E. RECORDS AND EMPLOYEE INFORMATION
340-24 Sec. 402.081. COMMISSION RECORDS
340-25 Sec. 402.082. INJURY INFORMATION MAINTAINED BY COMMISSION
340-26 Sec. 402.083. CONFIDENTIALITY OF INJURY INFORMATION
340-27 Sec. 402.084. RECORD CHECK; RELEASE OF INFORMATION
341-1 Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY
341-2 Sec. 402.086. TRANSFER OF CONFIDENTIALITY
341-3 Sec. 402.087. INFORMATION AVAILABLE TO PROSPECTIVE
341-4 EMPLOYERS
341-5 Sec. 402.088. REPORT OF PRIOR INJURY
341-6 Sec. 402.089. FAILURE TO FILE AUTHORIZATION; ADMINISTRATIVE
341-7 VIOLATION
341-8 Sec. 402.090. STATISTICAL INFORMATION
341-9 Sec. 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY;
341-10 OFFENSE; PENALTY
341-11 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
341-12 SUBCHAPTER A. ORGANIZATION
341-13 Sec. 402.001. MEMBERSHIP REQUIREMENTS. (a) The Texas
341-14 Workers' Compensation Commission is composed of six members
341-15 appointed by the governor with the advice and consent of the
341-16 senate.
341-17 (b) Appointments to the commission shall be made without
341-18 regard to the race, color, disability, sex, religion, age, or
341-19 national origin of the appointee. Section 401.011(16) does not
341-20 apply to the use of the term "disability" in this subsection.
341-21 (c) Three members of the commission must be employers of
341-22 labor and three members of the commission must be wage earners.
341-23 (d) In making appointments to the commission, the governor
341-24 shall attempt to reflect the social, geographic, and economic
341-25 diversity of the state. To ensure balanced representation, the
341-26 governor may consider:
341-27 (1) the geographic location of a prospective
342-1 appointee's domicile;
342-2 (2) the prospective appointee's experience as an
342-3 employer or wage earner;
342-4 (3) the number of employees employed by a prospective
342-5 member who would represent employers; and
342-6 (4) the type of work performed by a prospective member
342-7 who would represent wage earners.
342-8 (e) The governor shall consider the factors listed in
342-9 Subsection (d) in appointing a member to fill a vacancy on the
342-10 commission.
342-11 (f) In making an appointment to the commission, the governor
342-12 shall consider recommendations made by groups that represent
342-13 employers or wage earners. (V.A.C.S. Arts. 8308-2.01(b), (c), (d);
342-14 New.)
342-15 Sec. 402.002. TERMS; VACANCY. (a) Members of the
342-16 commission hold office for staggered six-year terms, with the terms
342-17 of one member representing employers and one member representing
342-18 wage earners expiring on February 1 of each odd-numbered year.
342-19 (b) If a vacancy occurs during a term, the governor shall
342-20 fill the vacancy for the unexpired term. The replacement must be
342-21 from the group represented by the member being replaced. (V.A.C.S.
342-22 Arts. 8308-2.02(a), (c).)
342-23 Sec. 402.003. EFFECT OF LOBBYING ACTIVITY. A member of the
342-24 commission may not be a lobbyist required to be registered under
342-25 Chapter 305, Government Code, if the primary purpose of the
342-26 person's employment is to influence the passage of legislation.
342-27 (V.A.C.S. Art. 8308-2.01(f).)
343-1 Sec. 402.004. VOTING REQUIREMENTS. (a) The commission may
343-2 take action only by a majority vote of its membership.
343-3 (b) Decisions regarding the employment of an executive
343-4 director require the affirmative vote of at least two commissioners
343-5 representing employers and two commissioners representing wage
343-6 earners. (V.A.C.S. Art. 8308-2.04.)
343-7 Sec. 402.005. REMOVAL OF COMMISSION MEMBERS. (a) It is a
343-8 ground for removal from the commission that a member:
343-9 (1) does not have at the time of appointment the
343-10 qualifications required for appointment to the commission;
343-11 (2) does not maintain during service on the commission
343-12 the qualifications required for appointment to the commission;
343-13 (3) cannot discharge because of illness or incapacity
343-14 the member's duties for a substantial part of the term for which
343-15 the member is appointed; or
343-16 (4) is absent from more than half of the regularly
343-17 scheduled commission meetings that the member is eligible to attend
343-18 during a calendar year unless the absence is excused by a majority
343-19 vote of the commission.
343-20 (b) The validity of an action of the commission is not
343-21 affected by the fact that it is taken when a ground for removal of
343-22 a commission member exists.
343-23 (c) If the executive director of the commission knows that a
343-24 potential ground for removal exists, the executive director shall
343-25 notify the chairman of the commission of the ground. The chairman
343-26 shall then notify the governor that a potential ground for removal
343-27 exists. (V.A.C.S. Art. 8308-2.05.)
344-1 Sec. 402.006. PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION.
344-2 (a) A member or employee of the commission may not accept a gift,
344-3 gratuity, or entertainment from a person having an interest in a
344-4 matter or proceeding pending before the commission.
344-5 (b) A violation of Subsection (a) is a Class A
344-6 administrative violation and constitutes a ground for removal from
344-7 office or termination of employment. (V.A.C.S. Art. 8308-2.01(g).)
344-8 Sec. 402.007. MEETINGS. The commission shall meet at least
344-9 once in each calendar quarter and may meet at other times at the
344-10 call of the chairman or as provided by the rules of the commission.
344-11 (V.A.C.S. Art. 8308-2.07.)
344-12 Sec. 402.008. CHAIRMAN. (a) The commission shall elect one
344-13 of its members to serve as chairman for a two-year term expiring
344-14 February 1 of each odd-numbered year.
344-15 (b) The chairman may vote on all matters before the
344-16 commission. (V.A.C.S. Arts. 8308-2.03(a) (part), (b).)
344-17 Sec. 402.009. LEAVE OF ABSENCE. (a) An employer may not
344-18 terminate the employment of an employee who is appointed as a
344-19 member of the commission because of the exercise by the employee of
344-20 duties required as a commission member.
344-21 (b) A member of the commission is entitled to a leave of
344-22 absence from employment for the time required to perform commission
344-23 duties. During the leave of absence, the member may not be
344-24 subjected to loss of time, vacation time, or other benefits of
344-25 employment, other than salary. (V.A.C.S. Art. 8308-2.08.)
344-26 Sec. 402.010. CIVIL LIABILITY OF MEMBER. A member of the
344-27 commission is not liable in a civil action for an act performed in
345-1 good faith in the execution of duties as a commission member.
345-2 (V.A.C.S. Art. 8308-2.01(e).)
345-3 Sec. 402.011. REIMBURSEMENT. (a) A member of the
345-4 commission is entitled to reimbursement for actual and necessary
345-5 expenses incurred in performing functions as a member of the
345-6 commission. Reimbursement under this subsection may not exceed a
345-7 limit established in the General Appropriations Act.
345-8 (b) A member is entitled to reimbursement for actual lost
345-9 wages, if any, due to attendance at commission meetings.
345-10 Reimbursement under this subsection may not exceed $100 a day and
345-11 $12,000 a year. (V.A.C.S. Art. 8308-2.06.)
345-12 (Sections 402.012-402.020 reserved for expansion)
345-13 SUBCHAPTER B. ADMINISTRATION
345-14 Sec. 402.021. COMMISSION DIVISIONS. (a) The commission
345-15 shall have:
345-16 (1) a division of workers' health and safety;
345-17 (2) a division of medical review;
345-18 (3) a division of compliance and practices;
345-19 (4) a division of hearings; and
345-20 (5) a division of risk management.
345-21 (b) In addition to the divisions listed by Subsection (a),
345-22 the executive director, with the approval of the commission, may
345-23 establish divisions within the commission for effective
345-24 administration and performance of commission functions. The
345-25 executive director may allocate and reallocate functions among the
345-26 divisions.
345-27 (c) The executive director shall appoint the directors of
346-1 the divisions of the commission. The directors serve at the
346-2 pleasure of the executive director. (V.A.C.S. Art. 8308-2.12.)
346-3 Sec. 402.022. PUBLIC INTEREST INFORMATION. (a) The
346-4 executive director shall prepare information of public interest
346-5 describing the functions of the commission and the procedures by
346-6 which complaints are filed with and resolved by the commission.
346-7 (b) The executive director shall make the information
346-8 available to the public and appropriate state agencies. (V.A.C.S.
346-9 Art. 8308-2.13(a).)
346-10 Sec. 402.023. COMPLAINT INFORMATION. (a) The executive
346-11 director shall keep an information file about each written
346-12 complaint filed with the commission that is unrelated to a specific
346-13 workers' compensation claim.
346-14 (b) The commission shall notify the parties to a complaint
346-15 that is unrelated to a specific workers' compensation claim of the
346-16 status of the complaint at least quarterly until final disposition
346-17 of the complaint unless notice would jeopardize an undercover
346-18 investigation. (V.A.C.S. Art. 8308-2.13(b).)
346-19 Sec. 402.024. PUBLIC PARTICIPATION. (a) The commission
346-20 shall develop and implement policies that provide the public with a
346-21 reasonable opportunity to appear before the commission and to speak
346-22 on issues under the general jurisdiction of the commission.
346-23 (b) The executive director shall prepare and maintain a
346-24 written plan that describes how a person who does not speak English
346-25 or who has a physical, mental, or developmental disability may be
346-26 provided reasonable access to workers' compensation proceedings.
346-27 (c) Section 401.011(16) does not apply to the use of
347-1 "disability" in Subsection (b). (V.A.C.S. Arts. 8308-2.13(c), (d);
347-2 New.)
347-3 Sec. 402.025. AUDIT. The financial transactions of the
347-4 commission are subject to audit by the state auditor in accordance
347-5 with Chapter 321, Government Code. (V.A.C.S. Art. 8308-2.27.)
347-6 (Sections 402.026-402.040 reserved for expansion)
347-7 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
347-8 Sec. 402.041. EXECUTIVE DIRECTOR. (a) The executive
347-9 director is the executive officer and administrative head of the
347-10 commission. The executive director exercises all rights, powers,
347-11 and duties imposed or conferred by law on the commission, except
347-12 for rulemaking and other rights, powers, and duties specifically
347-13 reserved under this subtitle to members of the commission.
347-14 (b) The executive director shall hire personnel as necessary
347-15 to administer this subtitle.
347-16 (c) The executive director serves at the pleasure of the
347-17 commission. (V.A.C.S. Art. 8308-2.10.)
347-18 Sec. 402.042. GENERAL POWERS AND DUTIES OF EXECUTIVE
347-19 DIRECTOR. (a) The executive director shall conduct the day-to-day
347-20 operations of the commission in accordance with policies
347-21 established by the commission and otherwise implement commission
347-22 policy.
347-23 (b) The executive director may:
347-24 (1) investigate misconduct;
347-25 (2) hold hearings;
347-26 (3) issue subpoenas to compel the attendance of
347-27 witnesses and the production of documents;
348-1 (4) administer oaths;
348-2 (5) take testimony directly or by deposition or
348-3 interrogatory;
348-4 (6) assess and enforce penalties established under
348-5 this subtitle;
348-6 (7) enter appropriate orders as authorized by this
348-7 subtitle;
348-8 (8) correct clerical errors in the entry of orders;
348-9 (9) institute an action in the commission's name to
348-10 enjoin the violation of this subtitle;
348-11 (10) initiate an action under Section 410.254 to
348-12 intervene in a judicial proceeding;
348-13 (11) prescribe the form, manner, and procedure for
348-14 transmission of information to the commission; and
348-15 (12) delegate all powers and duties as necessary.
348-16 (c) The executive director is the agent for service of
348-17 process on out-of-state employers. (V.A.C.S. Arts. 8308-2.11(a),
348-18 (b), (c), (d), (e), (f), (h).)
348-19 Sec. 402.043. ADMINISTRATIVE ASSISTANTS. The executive
348-20 director shall employ and supervise:
348-21 (1) one person representing wage earners permanently
348-22 assigned to act as administrative assistant to the members of the
348-23 commission who represent wage earners; and
348-24 (2) one person representing employers permanently
348-25 assigned to act as administrative assistant to the members of the
348-26 commission who represent employers. (V.A.C.S. Art. 8308-2.091.)
348-27 Sec. 402.044. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
349-1 (a) The executive director shall develop an intra-agency career
349-2 ladder program. The program shall require intra-agency postings of
349-3 all nonentry level positions concurrently with any public posting.
349-4 (b) The executive director shall develop a system of annual
349-5 performance evaluations. All merit pay for commission employees
349-6 must be based on the system established under this subsection.
349-7 (V.A.C.S. Arts. 8308-2.11(i), (j).)
349-8 Sec. 402.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
349-9 (a) The executive director shall prepare and maintain a written
349-10 policy statement approved by the commission to ensure
349-11 implementation of a program of equal employment opportunity under
349-12 which all personnel transactions are made without regard to race,
349-13 color, disability, sex, religion, age, or national origin. The
349-14 policy statement must include:
349-15 (1) personnel policies, including policies related to
349-16 recruitment, evaluation, selection, appointment, training, and
349-17 promotion of personnel;
349-18 (2) a comprehensive analysis that meets federal and
349-19 state guidelines of the commission's work force;
349-20 (3) procedures by which a determination can be made of
349-21 significant underuse in the commission's work force of all persons
349-22 for whom federal or state guidelines encourage a more equitable
349-23 balance; and
349-24 (4) reasonable methods to address those areas of
349-25 significant underuse appropriately.
349-26 (b) A policy statement prepared under this section must:
349-27 (1) cover an annual period;
350-1 (2) be updated at least annually; and
350-2 (3) be filed with the governor's office.
350-3 (c) The governor's office shall deliver a biennial report to
350-4 the legislature based on the information received under this
350-5 section. The report may be made separately or as part of other
350-6 biennial reports made to the legislature. (V.A.C.S.
350-7 Arts. 8308-2.11(k), (l), (m).)
350-8 (Sections 402.046-402.060 reserved for expansion)
350-9 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
350-10 Sec. 402.061. ADOPTION OF RULES. The commission shall adopt
350-11 rules as necessary for the implementation and enforcement of this
350-12 subtitle. (V.A.C.S. Art. 8308-2.09(a).)
350-13 Sec. 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
350-14 The commission may accept gifts, grants, or donations as provided
350-15 by rules adopted by the commission. (V.A.C.S. Art. 8308-2.09(d).)
350-16 Sec. 402.063. APPOINTMENT OF EXECUTIVE DIRECTOR. The
350-17 commission shall appoint the executive director of the commission.
350-18 (V.A.C.S. Art. 8308-2.09(g).)
350-19 Sec. 402.064. FEES. In addition to fees established by this
350-20 subtitle, the commission shall set reasonable fees for services
350-21 provided to persons requesting services from the commission,
350-22 including services provided under Subchapter E. (V.A.C.S.
350-23 Arts. 8308-2.09(h), 8308-2.39.)
350-24 Sec. 402.065. EMPLOYMENT OF COUNSEL. The commission may
350-25 employ counsel to represent the commission in any legal action the
350-26 commission is authorized to initiate. (V.A.C.S.
350-27 Art. 8308-2.09(i).)
351-1 Sec. 402.066. RECOMMENDATIONS TO LEGISLATURE. (a) The
351-2 commission shall consider and recommend to the legislature changes
351-3 to this subtitle.
351-4 (b) The commission shall forward the recommended changes to
351-5 the legislature not later than December 1 of each even-numbered
351-6 year. (V.A.C.S. Art. 8308-2.09(j).)
351-7 Sec. 402.067. ADVISORY COMMITTEES. The commission may
351-8 appoint advisory committees as it considers necessary. (V.A.C.S.
351-9 Art. 8308-2.09(k).)
351-10 Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES PROHIBITED.
351-11 Except as provided by Section 402.065, the commission may not
351-12 delegate rights and duties imposed on it by this subchapter.
351-13 (V.A.C.S. Art. 8308-2.09(l).)
351-14 Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
351-15 INFORMATION. The commission shall provide to its members and
351-16 employees, as often as necessary, information regarding their:
351-17 (1) qualifications for office or employment under this
351-18 subtitle; and
351-19 (2) responsibilities under applicable law relating to
351-20 standards of conduct for state officers or employees. (V.A.C.S.
351-21 Art. 8308-2.09(b).)
351-22 Sec. 402.070. ANNUAL REPORT. (a) The commission shall file
351-23 annually with the governor and the presiding officer of each house
351-24 of the legislature a complete and detailed written report
351-25 accounting for all funds received and disbursed by the commission
351-26 during the preceding fiscal year.
351-27 (b) The report required under this section must be in the
352-1 form and reported in the time provided by the General
352-2 Appropriations Act. (V.A.C.S. Art. 8308-2.09(c).)
352-3 Sec. 402.071. REPRESENTATIVES. (a) The commission shall
352-4 establish qualifications for a representative and shall adopt rules
352-5 establishing procedures for authorization of representatives.
352-6 (b) A representative may receive a fee for providing
352-7 representation under this subtitle only if the representative is:
352-8 (1) an adjuster representing an insurance carrier; or
352-9 (2) licensed to practice law. (V.A.C.S.
352-10 Art. 8308-2.09(e).)
352-11 Sec. 402.072. SANCTIONS. Only the commission may impose:
352-12 (1) a sanction that deprives a person of the right to
352-13 practice before the commission or of the right to receive
352-14 remuneration under this subtitle for a period exceeding 30 days; or
352-15 (2) another sanction suspending for more than 30 days
352-16 or revoking a license, certification, or permit required for
352-17 practice in the field of workers' compensation. (V.A.C.S.
352-18 Art. 8308-2.09(f).)
352-19 (Sections 402.073-402.080 reserved for expansion)
352-20 SUBCHAPTER E. RECORDS AND EMPLOYEE INFORMATION
352-21 Sec. 402.081. COMMISSION RECORDS. (a) The executive
352-22 director is the custodian of the commission's records and shall
352-23 perform the duties of a custodian required by law, including
352-24 providing copies and the certification of records.
352-25 (b) The executive director may destroy a record maintained
352-26 by the commission pertaining to an injury after the 50th
352-27 anniversary of the date of the injury to which the record refers
353-1 unless benefits are being paid on the claim on that date.
353-2 (c) A record maintained by the commission may be preserved
353-3 in any format permitted by Chapter 441, Government Code, and rules
353-4 adopted by the Texas State Library and Archives Commission under
353-5 that chapter. (V.A.C.S. Art. 8308-2.11(g).)
353-6 Sec. 402.082. INJURY INFORMATION MAINTAINED BY COMMISSION.
353-7 The commission shall maintain information on every compensable
353-8 injury as to the:
353-9 (1) race, ethnicity, and sex of the claimant;
353-10 (2) classification of the injury;
353-11 (3) amount of wages earned by the claimant before the
353-12 injury; and
353-13 (4) amount of compensation received by the claimant.
353-14 (V.A.C.S. Art. 8308-2.13(e).)
353-15 Sec. 402.083. CONFIDENTIALITY OF INJURY INFORMATION. (a)
353-16 Information in or derived from a claim file regarding an employee
353-17 is confidential and may not be disclosed by the commission except
353-18 as provided by this subtitle.
353-19 (b) Information concerning an employee who has been finally
353-20 adjudicated of wrongfully obtaining payment under Section 415.008
353-21 of this code or Section 32.51, Penal Code, is not confidential.
353-22 (V.A.C.S. Arts. 8308-2.31(a), (b).)
353-23 Sec. 402.084. RECORD CHECK; RELEASE OF INFORMATION. (a)
353-24 The commission shall perform and release a record check on an
353-25 employee, including current or prior injury information, to the
353-26 parties listed in Subsection (b) if:
353-27 (1) the claim is:
354-1 (A) open or pending before the commission;
354-2 (B) on appeal to a court of competent
354-3 jurisdiction; or
354-4 (C) the subject of a subsequent suit in which
354-5 the insurance carrier or the subsequent injury fund is subrogated
354-6 to the rights of the named claimant; and
354-7 (2) the requesting party requests the release on a
354-8 form prescribed by the commission for this purpose and provides all
354-9 required information.
354-10 (b) Information on a claim may be released as provided by
354-11 Subsection (a) to:
354-12 (1) the employee or the employee's legal beneficiary;
354-13 (2) the employee's or the legal beneficiary's
354-14 representative;
354-15 (3) the employer at the time of injury;
354-16 (4) the insurance carrier;
354-17 (5) the Texas Certified Self-Insurer Guaranty
354-18 Association established under Subchapter G, Chapter 407, if that
354-19 association has assumed the obligations of an impaired employer;
354-20 (6) the Texas Property and Casualty Insurance Guaranty
354-21 Association, if that association has assumed the obligations of an
354-22 impaired insurance company; or
354-23 (7) a third-party litigant in a lawsuit in which the
354-24 cause of action arises from the incident that gave rise to the
354-25 injury.
354-26 (c) The requirements of Subsection (a)(1) do not apply to a
354-27 request from a third-party litigant described by Subsection (b)(7).
355-1 (V.A.C.S. Arts. 8308-2.31(c), (d).)
355-2 Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
355-3 commission shall release information on a claim to:
355-4 (1) the Texas Department of Insurance for any
355-5 statutory or regulatory purpose;
355-6 (2) a legislative committee for legislative purposes;
355-7 (3) a state or federal elected official requested in
355-8 writing to provide assistance by a constituent who qualifies to
355-9 obtain injury information under Section 402.084(b), if the request
355-10 for assistance is provided to the commission; and
355-11 (4) the research center for research purposes.
355-12 (b) The commission may release information on a claim to a
355-13 governmental agency, political subdivision, or regulatory body to
355-14 use to:
355-15 (1) investigate an allegation of a criminal offense or
355-16 licensing or regulatory violation;
355-17 (2) provide:
355-18 (A) unemployment compensation benefits;
355-19 (B) crime victims compensation benefits;
355-20 (C) vocational rehabilitation services; or
355-21 (D) health care benefits;
355-22 (3) investigate occupational safety or health
355-23 violations; or
355-24 (4) verify income on an application for benefits under
355-25 an income-based state or federal assistance program. (V.A.C.S.
355-26 Art. 8308-2.32.)
355-27 Sec. 402.086. TRANSFER OF CONFIDENTIALITY. (a) Information
356-1 relating to a claim that is confidential under this subtitle
356-2 remains confidential when released to any person, except when used
356-3 in court for the purposes of an appeal.
356-4 (b) This section does not prohibit an employer from
356-5 releasing information about a former employee to another employer
356-6 with whom the employee has applied for employment, if that
356-7 information was lawfully acquired by the employer releasing the
356-8 information. (V.A.C.S. Art. 8308-2.36.)
356-9 Sec. 402.087. INFORMATION AVAILABLE TO PROSPECTIVE
356-10 EMPLOYERS. (a) A prospective employer who has workers'
356-11 compensation insurance coverage and who complies with this
356-12 subchapter is entitled to obtain information on the prior injuries
356-13 of an applicant for employment if the employer obtains written
356-14 authorization from the applicant before making the request.
356-15 (b) The employer must make the request by telephone or file
356-16 the request in writing not later than the 14th day after the date
356-17 on which the application for employment is made.
356-18 (c) The request must include the applicant's name, address,
356-19 and social security number.
356-20 (d) If the request is made in writing, the authorization
356-21 must be filed simultaneously. If the request is made by telephone,
356-22 the employer must file the authorization not later than the 10th
356-23 day after the date on which the request is made. (V.A.C.S. Art.
356-24 8308-2.33.)
356-25 Sec. 402.088. REPORT OF PRIOR INJURY. (a) On receipt of a
356-26 valid request made under and complying with Section 402.087, the
356-27 commission shall review its records.
357-1 (b) If the commission finds that the applicant has made two
357-2 or more general injury claims in the preceding five years, the
357-3 commission shall release the date and description of each injury to
357-4 the employer.
357-5 (c) The information may be released in writing or by
357-6 telephone.
357-7 (d) If the employer requests information on three or more
357-8 applicants at the same time, the commission may refuse to release
357-9 information until it receives the written authorization from each
357-10 applicant.
357-11 (e) In this section, "general injury" means an injury other
357-12 than an injury limited to one or more of the following:
357-13 (1) an injury to a digit, limb, or member;
357-14 (2) an inguinal hernia; or
357-15 (3) vision or hearing loss. (V.A.C.S. Art.
357-16 8308-2.34.)
357-17 Sec. 402.089. FAILURE TO FILE AUTHORIZATION; ADMINISTRATIVE
357-18 VIOLATION. (a) An employer who receives information by telephone
357-19 from the commission under Section 402.088 and who fails to file the
357-20 necessary authorization in accordance with Section 402.087 commits
357-21 a Class C administrative violation.
357-22 (b) Each failure to file an authorization is a separate
357-23 violation. (V.A.C.S. Art. 8308-2.35.)
357-24 Sec. 402.090. STATISTICAL INFORMATION. The commission, the
357-25 research center, or any other governmental agency may prepare and
357-26 release statistical information if the identity of an employee is
357-27 not explicitly or implicitly disclosed. (V.A.C.S. Art. 8308-2.38.)
358-1 Sec. 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY; OFFENSE;
358-2 PENALTY. (a) A person commits an offense if the person knowingly,
358-3 intentionally, or recklessly publishes, discloses, or distributes
358-4 information that is confidential under this subchapter to a person
358-5 not authorized to receive the information directly from the
358-6 commission.
358-7 (b) A person commits an offense if the person knowingly,
358-8 intentionally, or recklessly receives information that is
358-9 confidential under this subchapter and that the person is not
358-10 authorized to receive.
358-11 (c) An offense under this section is a Class A misdemeanor.
358-12 (d) An offense under this section may be prosecuted in a
358-13 court in:
358-14 (1) Travis County; or
358-15 (2) the county where the information was unlawfully
358-16 received, published, disclosed, or distributed.
358-17 (e) A district court in Travis County has jurisdiction to
358-18 enjoin the use, publication, disclosure, or distribution of
358-19 confidential information under this section. (V.A.C.S. Art.
358-20 8308-2.37.)
358-21 CHAPTER 403. COMMISSION FINANCING
358-22 Sec. 403.001. COMMISSION FUNDS
358-23 Sec. 403.002. MAINTENANCE TAXES
358-24 Sec. 403.003. RATE OF ASSESSMENT
358-25 Sec. 403.004. COLLECTION OF TAX AFTER WITHDRAWAL
358-26 FROM BUSINESS
358-27 Sec. 403.005. TAX RATE SURPLUS OR DEFICIT
359-1 Sec. 403.006. SUBSEQUENT INJURY FUND
359-2 Sec. 403.007. FUNDING OF SUBSEQUENT INJURY FUND
359-3 CHAPTER 403. COMMISSION FINANCING
359-4 Sec. 403.001. COMMISSION FUNDS. (a) Except as provided by
359-5 Sections 403.006 and 403.007 or as otherwise provided by law, money
359-6 collected under this subtitle, including administrative penalties
359-7 and advance deposits for purchase of services, shall be deposited
359-8 in the general revenue fund of the state treasury to the credit of
359-9 the commission.
359-10 (b) The money may be spent as authorized by legislative
359-11 appropriation on warrants issued by the comptroller under
359-12 requisitions made by the commission. (V.A.C.S. Art. 8308-2.21.)
359-13 Sec. 403.002. MAINTENANCE TAXES. (a) Each insurance
359-14 carrier, other than a governmental entity, shall pay an annual
359-15 maintenance tax to pay the costs of administering this subtitle.
359-16 (b) The assessment may not exceed an amount equal to two
359-17 percent of the correctly reported gross workers' compensation
359-18 insurance premiums.
359-19 (c) A workers' compensation insurance company is taxed at
359-20 the rate established under Section 403.003. The tax shall be
359-21 collected in the manner provided for collection of other taxes on
359-22 gross premiums from a workers' compensation insurance company as
359-23 provided in Article 5.68, Insurance Code.
359-24 (d) Each certified self-insurer shall pay a fee and
359-25 maintenance taxes as provided by Subchapter F, Chapter 407.
359-26 (V.A.C.S. Arts. 8308-2.22(a), (b).)
359-27 Sec. 403.003. RATE OF ASSESSMENT. (a) The commission shall
360-1 set and certify to the Texas Department of Insurance the rate of
360-2 maintenance tax assessment not later than October 31 of each year,
360-3 taking into account:
360-4 (1) any expenditure projected as necessary for the
360-5 commission to administer this subtitle during the fiscal year for
360-6 which the rate of assessment is set;
360-7 (2) projected employee benefits paid from general
360-8 revenues;
360-9 (3) a surplus or deficit produced by the tax in the
360-10 preceding year; and
360-11 (4) revenue recovered from other sources, including
360-12 reappropriated receipts, grants, payments, fees, gifts, and
360-13 penalties recovered under this subtitle.
360-14 (b) In setting the rate of assessment, the commission may
360-15 not consider revenue or expenditures related to:
360-16 (1) the division of risk management;
360-17 (2) the research center; or
360-18 (3) any other revenue or expenditure excluded from
360-19 consideration by law. (V.A.C.S. Art. 8308-2.23.)
360-20 Sec. 403.004. COLLECTION OF TAX AFTER WITHDRAWAL FROM
360-21 BUSINESS. The insurance commissioner or the executive director of
360-22 the commission immediately shall proceed to collect taxes due under
360-23 this chapter from an insurance carrier that withdraws from business
360-24 in this state, using legal process as necessary. (V.A.C.S. Art.
360-25 8308-2.24.)
360-26 Sec. 403.005. Tax Rate Surplus or Deficit. (a) If the tax
360-27 rate set by the commission for a year does not produce sufficient
361-1 revenue to make all expenditures authorized by legislative
361-2 appropriation, the deficit shall be paid from the general revenue
361-3 fund.
361-4 (b) If the tax rate set by the commission for a year
361-5 produces revenue that exceeds the amount required to make all
361-6 expenditures authorized by the legislature, the excess shall be
361-7 deposited in the general revenue fund to the credit of the
361-8 commission. (V.A.C.S. Art. 8308-2.25.)
361-9 Sec. 403.006. Subsequent Injury Fund. (a) The subsequent
361-10 injury fund is a special fund in the state treasury.
361-11 (b) The subsequent injury fund is liable for the payment of
361-12 compensation as provided by Section 408.162.
361-13 (c) The executive director shall appoint an administrator
361-14 for the subsequent injury fund. (V.A.C.S. Art. 8308-2.14.)
361-15 Sec. 403.007. Funding of Subsequent Injury Fund. (a) If a
361-16 compensable death occurs and no legal beneficiary survives or a
361-17 claim for death benefits is not timely made, the insurance carrier
361-18 shall pay to the commission for deposit to the credit of the
361-19 subsequent injury fund an amount equal to 364 weeks of the death
361-20 benefits otherwise payable.
361-21 (b) The insurance carrier may elect or the commission may
361-22 order that death benefits payable to the fund be commuted on
361-23 written approval of the executive director. The commutation may be
361-24 discounted for present payment at the rate established in Section
361-25 401.023, compounded annually.
361-26 (c) If a claim for death benefits is not filed with the
361-27 commission by a legal beneficiary on or before the first
362-1 anniversary of the date of the death of the employee, it is
362-2 presumed, for purposes of this section only, that no legal
362-3 beneficiary survived the deceased employee. The presumption does
362-4 not apply against a minor beneficiary or an incompetent beneficiary
362-5 for whom a guardian has not been appointed.
362-6 (d) If the insurance carrier makes payment to the subsequent
362-7 injury fund and it is later determined by a final award of the
362-8 commission or the final judgment of a court of competent
362-9 jurisdiction that a legal beneficiary is entitled to the death
362-10 benefits, the commission shall order the fund to reimburse the
362-11 insurance carrier for the amount overpaid to the fund. (V.A.C.S.
362-12 Art. 8308-2.26.)
362-13 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
362-14 Sec. 404.001. DEFINITIONS
362-15 Sec. 404.002. RESEARCH CENTER; GENERAL POWERS AND DUTIES
362-16 Sec. 404.003. RESEARCH CENTER FUNDING; MAINTENANCE TAX
362-17 Sec. 404.004. BOARD OF DIRECTORS
362-18 Sec. 404.005. TERMS; VACANCY
362-19 Sec. 404.006. CHAIRMAN; MEETINGS
362-20 Sec. 404.007. GENERAL POWERS AND DUTIES OF BOARD
362-21 Sec. 404.008. EXECUTIVE DIRECTOR; APPROPRIATIONS REQUEST
362-22 Sec. 404.009. RESEARCH AGENDA
362-23 Sec. 404.010. COORDINATION WITH OTHER STATE AGENCIES;
362-24 CONFIDENTIALITY
362-25 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
362-26 Sec. 404.001. DEFINITIONS. In this chapter:
362-27 (1) "Board" means the board of directors of the Texas
363-1 Workers' Compensation Research Center.
363-2 (2) "Executive director" means the executive director
363-3 of the research center. (New.)
363-4 Sec. 404.002. RESEARCH CENTER; GENERAL POWERS AND DUTIES.
363-5 (a) The Texas Workers' Compensation Research Center is an advisory
363-6 body to the commission. The research center shall be constituted
363-7 and operated in a manner that ensures that its research, findings,
363-8 and conclusions are factual, fair, and unbiased.
363-9 (b) The research center shall conduct professional studies
363-10 and research related to:
363-11 (1) the delivery of benefits;
363-12 (2) litigation and controversy related to workers'
363-13 compensation;
363-14 (3) insurance rates and rate-making procedures;
363-15 (4) rehabilitation and reemployment of injured
363-16 workers;
363-17 (5) workplace health and safety issues;
363-18 (6) the quality and cost of medical benefits; and
363-19 (7) other matters relevant to the cost, quality, and
363-20 operational effectiveness of the workers' compensation system.
363-21 (c) In addition to the studies and research conducted under
363-22 Subsection (b), the research center shall conduct studies and
363-23 research related to drugs in the workplace, giving priority to drug
363-24 abuse in public and private establishments in which drug abuse
363-25 could result in serious consequences to the public. The studies
363-26 and research must include a survey designed to identify future
363-27 needs and current efforts of employers to counteract drug abuse and
364-1 its effects in the workplace. (V.A.C.S. Art. 8308-11.01.)
364-2 Sec. 404.003. RESEARCH CENTER FUNDING; MAINTENANCE TAX. (a)
364-3 The research center is funded through the assessment of a
364-4 maintenance tax collected annually from all insurance carriers
364-5 except governmental entities.
364-6 (b) The commission shall set the rate of the maintenance tax
364-7 based on the expenditures authorized and the receipts anticipated
364-8 in legislative appropriations. The tax rate for insurance
364-9 companies may not exceed one-tenth of one percent of the correctly
364-10 reported gross workers' compensation insurance premiums. The tax
364-11 rate for certified self-insurers may not exceed one-tenth of one
364-12 percent of the total tax base of all certified self-insurers, as
364-13 computed under Section 407.103(b).
364-14 (c) The tax imposed under Subsection (a) is in addition to
364-15 all other taxes imposed on those insurance carriers for workers'
364-16 compensation purposes.
364-17 (d) The tax on insurance companies shall be collected and
364-18 paid in the same manner and at the same time as the maintenance tax
364-19 established for the support of the Texas Department of Insurance
364-20 under Article 5.68, Insurance Code. The tax on certified
364-21 self-insurers shall be collected and paid in the same manner and at
364-22 the same time as the self-insurer maintenance tax collected under
364-23 Section 407.104.
364-24 (e) Amounts received under this section shall be deposited
364-25 in the state treasury to the credit of a special fund to be used
364-26 for the operation of the research center. (V.A.C.S. Arts.
364-27 8308-11.09(a), (b), (c), 8308a.)
365-1 Sec. 404.004. BOARD OF DIRECTORS. (a) The research center
365-2 is governed by a board of directors, composed of:
365-3 (1) a member of the commission, chosen by the
365-4 commission, from the members who are wage earners;
365-5 (2) a member of the commission, chosen by the
365-6 commission, from the members who are employers of labor;
365-7 (3) the public counsel of the office of public
365-8 insurance counsel; and
365-9 (4) six members of the public, two of whom are
365-10 appointed by the speaker of the house of representatives, two of
365-11 whom are appointed by the lieutenant governor, and two of whom are
365-12 appointed by the governor.
365-13 (b) The public members of the board shall be appointed
365-14 without regard to the race, color, disability, sex, religion, age,
365-15 or national origin of the appointee. Appointments are not subject
365-16 to senate confirmation.
365-17 (c) A member of the board is not liable for any act
365-18 performed in good faith in the execution of duties as a board
365-19 member.
365-20 (d) A member of the board may not receive remuneration for
365-21 service on the board but is entitled to reimbursement for actual
365-22 and necessary expenses incurred in performing functions as a board
365-23 member, subject to any limit in the General Appropriations Act.
365-24 (e) Section 401.011(16) does not apply to the use of the
365-25 term "disability" in Subsection (b). (V.A.C.S. Arts. 8308-11.02,
365-26 8308-11.06; New.)
365-27 Sec. 404.005. TERMS; VACANCY. (a) Public members of the
366-1 board serve for staggered four-year terms, with the terms of three
366-2 appointed members expiring February 1 of each odd-numbered year.
366-3 (b) A board member who also serves on the commission or as
366-4 the public counsel of the office of public insurance counsel serves
366-5 a term as determined by the appointing state agency.
366-6 (c) If a vacancy occurs during a term, the appointing
366-7 officer or agency shall appoint a replacement who meets the
366-8 qualifications of the vacated office for the unexpired term.
366-9 (V.A.C.S. Art. 8308-11.04.)
366-10 Sec. 404.006. CHAIRMAN; MEETINGS. (a) The board shall
366-11 elect an appointed member to serve as chairman for a two-year term.
366-12 The term of the chairman expires on February 1 of each
366-13 even-numbered year. The chairman may vote on all matters before
366-14 the board.
366-15 (b) The board shall meet at least once in each calendar
366-16 quarter and may meet at other times at the call of the chairman or
366-17 as provided by board rules. (V.A.C.S. Arts. 8308-11.05,
366-18 8308-11.07.)
366-19 Sec. 404.007. GENERAL POWERS AND DUTIES OF BOARD. (a) The
366-20 board shall:
366-21 (1) approve the research agenda and operating budget
366-22 of the research center;
366-23 (2) report annually in writing to the governor and the
366-24 legislature on the activities conducted by the research center; and
366-25 (3) adopt rules for the operations of the board and
366-26 the research center.
366-27 (b) Through an appropriate use of research staff and
367-1 research contracted with educational institutions or other public
367-2 or private research institutions and workers' compensation experts,
367-3 the board shall ensure:
367-4 (1) the quality of research products; and
367-5 (2) economy in the use of funds.
367-6 (c) The board shall publish and disseminate its studies to
367-7 interested persons and may determine charges for the publications
367-8 as necessary to achieve optimal dissemination.
367-9 (d) The board may:
367-10 (1) delegate powers to the executive director as it
367-11 considers appropriate;
367-12 (2) contract with other persons, including
367-13 institutions of higher education, for conducting studies for the
367-14 research center;
367-15 (3) contract with the commission for a fiscal,
367-16 personnel, or other support function; and
367-17 (4) appoint expert advisory committees to help:
367-18 (A) prepare the research agenda;
367-19 (B) develop requests for research proposals;
367-20 (C) evaluate research proposals;
367-21 (D) technically review research products; and
367-22 (E) achieve other purposes appropriate to the
367-23 purposes of the research center.
367-24 (e) The board may take action by majority vote when a quorum
367-25 is present. (V.A.C.S. Arts. 8308-11.03(a) (part), (b), (c), (d),
367-26 (e).)
367-27 Sec. 404.008. EXECUTIVE DIRECTOR; APPROPRIATIONS REQUEST.
368-1 (a) The board shall employ an executive director, who shall
368-2 administer the research center in accordance with board policies.
368-3 (b) The executive director shall hire staff as necessary to
368-4 accomplish the objectives of the research center.
368-5 (c) The executive director shall prepare a request for
368-6 legislative appropriations for the operations of the research
368-7 center. If the request is approved by the board, the board shall
368-8 submit the request to the commission. The commission shall include
368-9 the request in the commission's legislative appropriations request.
368-10 (V.A.C.S. Arts. 8308-11.08(a), (b), 8308-11.09(d).)
368-11 Sec. 404.009. RESEARCH AGENDA. (a) The executive director
368-12 annually shall prepare a research agenda for board review and
368-13 approval.
368-14 (b) The board shall publish annually in the Texas Register a
368-15 proposed research agenda and shall distribute the proposed agenda
368-16 to educational institutions in this state that have a demonstrated
368-17 research capacity.
368-18 (c) The board shall accept public comments on the proposed
368-19 agenda and shall conduct a public hearing on the agenda if a
368-20 hearing is requested by interested persons. (V.A.C.S. Arts.
368-21 8308-11.03(a) (part), 8308-11.08(c).)
368-22 Sec. 404.010. COORDINATION WITH OTHER STATE AGENCIES;
368-23 CONFIDENTIALITY. (a) As required to fulfill the objectives of the
368-24 research center, the research center is entitled to access to the
368-25 files and records of:
368-26 (1) the commission;
368-27 (2) the Texas Employment Commission;
369-1 (3) the Texas Department of Insurance;
369-2 (4) the Texas Department of Human Services; and
369-3 (5) other state agencies.
369-4 (b) A state agency shall assist and cooperate in providing
369-5 the information to the research center.
369-6 (c) Information that is confidential under state law is
369-7 accessible to the research center under rules of confidentiality
369-8 and remains confidential. (V.A.C.S. Art. 8308-11.10.)
369-9 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
369-10 Sec. 405.001. DEFINITION
369-11 Sec. 405.002. COMPOSITION OF COMMITTEE
369-12 Sec. 405.003. COMMITTEE POWERS AND DUTIES
369-13 Sec. 405.004. REPORT
369-14 Sec. 405.005. VOCATIONAL REHABILITATION PILOT PROGRAM
369-15 Sec. 405.006. TEXAS LEGISLATIVE COUNCIL ASSISTANCE
369-16 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
369-17 Sec. 405.001. DEFINITION. In this chapter, "committee"
369-18 means the Legislative Oversight Committee. (New.)
369-19 Sec. 405.002. COMPOSITION OF COMMITTEE. The Legislative
369-20 Oversight Committee is composed of:
369-21 (1) three members of the senate, appointed by the
369-22 lieutenant governor; and
369-23 (2) three members of the house of representatives,
369-24 appointed by the speaker of the house of representatives.
369-25 (V.A.C.S. Art. 8308-2.51(a).)
369-26 Sec. 405.003. COMMITTEE POWERS AND DUTIES. (a) The
369-27 committee shall:
370-1 (1) meet quarterly with the commission;
370-2 (2) receive information about rules adopted by the
370-3 commission or proposed for adoption by the commission; and
370-4 (3) review specific recommendations for legislation
370-5 proposed by the commission.
370-6 (b) The committee shall monitor the cost of income benefits
370-7 under this subtitle, with emphasis on the availability and cost of
370-8 supplemental income benefits.
370-9 (c) The committee may request reports and other information
370-10 from the commission relating to the operation of the commission.
370-11 (V.A.C.S. Arts. 8308-2.51(b), (c), (d), (e).)
370-12 Sec. 405.004. REPORT. (a) The committee shall report to
370-13 the governor, lieutenant governor, and speaker of the house of
370-14 representatives not later than December 31 of each even-numbered
370-15 year.
370-16 (b) The report must include:
370-17 (1) identification of any problems in the workers'
370-18 compensation system, with recommendations for commission and
370-19 legislative action;
370-20 (2) an evaluation of the research conducted by the
370-21 research center;
370-22 (3) the status of the effectiveness of the workers'
370-23 compensation system to provide adequate, equitable, and timely
370-24 benefits to injured workers at a reasonable cost to employers, with
370-25 recommendations for any additional necessary research; and
370-26 (4) recommendations for legislative action. (V.A.C.S.
370-27 Arts. 8308-2.51(f), (g).)
371-1 Sec. 405.005. VOCATIONAL REHABILITATION PILOT PROGRAM. If
371-2 the study conducted by the research center under Section 404.002(b)
371-3 relating to the rehabilitation and reemployment of injured workers
371-4 finds vocational rehabilitation to be feasible and effective, the
371-5 committee shall draft legislation creating a vocational
371-6 rehabilitation pilot program to provide vocational rehabilitation
371-7 as a benefit under this subtitle. (V.A.C.S. Art. 8308-2.51(h).)
371-8 Sec. 405.006. TEXAS LEGISLATIVE COUNCIL ASSISTANCE. The
371-9 Texas Legislative Council shall assign at least one staff person to
371-10 assist the committee and shall provide other support as necessary.
371-11 (V.A.C.S. Art. 8308-2.51(i).)
371-12 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
371-13 SUBCHAPTER A. COVERAGE ELECTION; SECURITY PROCEDURES
371-14 Sec. 406.001. DEFINITION
371-15 Sec. 406.002. COVERAGE GENERALLY ELECTIVE
371-16 Sec. 406.003. METHODS OF OBTAINING COVERAGE
371-17 Sec. 406.004. EMPLOYER NOTICE TO COMMISSION; ADMINISTRATIVE
371-18 VIOLATION
371-19 Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE
371-20 VIOLATION
371-21 Sec. 406.006. INSURANCE COMPANY NOTICE; ADMINISTRATIVE
371-22 VIOLATION
371-23 Sec. 406.007. TERMINATION OF COVERAGE BY EMPLOYER; NOTICE
371-24 Sec. 406.008. CANCELLATION OR NONRENEWAL OF COVERAGE BY
371-25 INSURANCE COMPANY; NOTICE
371-26 Sec. 406.009. COOPERATION WITH INSURANCE DEPARTMENT
371-27 Sec. 406.010. CLAIMS SERVICE; ADMINISTRATIVE VIOLATION
372-1 Sec. 406.011. AUSTIN REPRESENTATIVE; ADMINISTRATIVE VIOLATION
372-2 Sec. 406.012. ENFORCEMENT OF SUBCHAPTER
372-3 (Sections 406.013-406.030 reserved for expansion)
372-4 SUBCHAPTER B. COVERAGE REQUIREMENTS
372-5 Sec. 406.031. LIABILITY FOR COMPENSATION
372-6 Sec. 406.032. EXCEPTIONS
372-7 Sec. 406.033. COMMON-LAW DEFENSES; BURDEN OF PROOF
372-8 Sec. 406.034. EMPLOYEE ELECTION
372-9 Sec. 406.035. WAIVER OF COMPENSATION PROHIBITED
372-10 (Sections 406.036-406.050 reserved for expansion)
372-11 SUBCHAPTER C. COVERAGE THROUGH COMMERCIAL INSURANCE
372-12 Sec. 406.051. SECURITY BY COMMERCIAL INSURANCE
372-13 Sec. 406.052. EFFECT OF OTHER INSURANCE COVERAGE
372-14 Sec. 406.053. ALL STATES COVERAGE
372-15 (Sections 406.054-406.070 reserved for expansion)
372-16 SUBCHAPTER D. EXTRATERRITORIAL COVERAGE
372-17 Sec. 406.071. EXTRATERRITORIAL COVERAGE
372-18 Sec. 406.072. PRINCIPAL LOCATION
372-19 Sec. 406.073. AGREEMENT ON PRINCIPAL LOCATION; ADMINISTRATIVE
372-20 VIOLATION
372-21 Sec. 406.074. INTERJURISDICTIONAL AGREEMENTS
372-22 Sec. 406.075. EFFECT OF COMPENSATION PAID IN OTHER
372-23 JURISDICTION
372-24 (Sections 406.076-406.090 reserved for expansion)
372-25 SUBCHAPTER E. APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
372-26 Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE
372-27 Sec. 406.092. ALIEN EMPLOYEES AND BENEFICIARIES
373-1 Sec. 406.093. LEGALLY INCOMPETENT EMPLOYEES
373-2 Sec. 406.094. CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE
373-3 COMMISSION
373-4 Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES
373-5 Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR
373-6 CONSTRUCTION CONTRACTORS
373-7 (Sections 406.097-406.120 reserved for expansion)
373-8 SUBCHAPTER F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
373-9 Sec. 406.121. DEFINITIONS
373-10 Sec. 406.122. STATUS AS EMPLOYEE
373-11 Sec. 406.123. ELECTION TO PROVIDE COVERAGE; ADMINISTRATIVE
373-12 VIOLATION
373-13 Sec. 406.124. CAUSE OF ACTION
373-14 Sec. 406.125. RESTRICTION OF UNSAFE WORK PRACTICES
373-15 UNAFFECTED
373-16 Sec. 406.126. EXEMPTION
373-17 Sec. 406.127. EFFECT OF CERTAIN CONTRACTS OF HIRE
373-18 (Sections 406.128-406.140 reserved for expansion)
373-19 SUBCHAPTER G. COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION
373-20 WORKERS
373-21 Sec. 406.141. DEFINITIONS
373-22 Sec. 406.142. APPLICATION
373-23 Sec. 406.143. PROVISION OF WORKERS' COMPENSATION INSURANCE;
373-24 INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES
373-25 Sec. 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT
373-26 Sec. 406.145. JOINT AGREEMENT
373-27 Sec. 406.146. WRONGFUL INDUCEMENT PROHIBITED
374-1 (Sections 406.147-406.160 reserved for expansion)
374-2 SUBCHAPTER H. COVERAGE OF FARM AND RANCH EMPLOYEES
374-3 Sec. 406.161. DEFINITIONS
374-4 Sec. 406.162. SCOPE
374-5 Sec. 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL
374-6 LIABILITY
374-7 Sec. 406.164. ELECTIVE COVERAGE OF EMPLOYER AND FAMILY
374-8 MEMBERS
374-9 Sec. 406.165. NOT APPLICABLE TO INDEPENDENT CONTRACTORS
374-10 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
374-11 SUBCHAPTER A. COVERAGE ELECTION; SECURITY PROCEDURES
374-12 Sec. 406.001. DEFINITION. In this subchapter, "employer"
374-13 means a person who employs one or more employees. (V.A.C.S. Art.
374-14 8308-3.21.)
374-15 Sec. 406.002. COVERAGE GENERALLY ELECTIVE. (a) Except for
374-16 public employers and as otherwise provided by law, an employer may
374-17 elect to obtain workers' compensation insurance coverage.
374-18 (b) An employer who elects to obtain coverage is subject to
374-19 this subtitle. (V.A.C.S. Art. 8308-3.23(a) (part).)
374-20 Sec. 406.003. METHODS OF OBTAINING COVERAGE. An employer
374-21 may obtain workers' compensation insurance coverage through a
374-22 licensed insurance company or through self-insurance as provided by
374-23 this subtitle. (V.A.C.S. Art. 8308-3.23(a) (part).)
374-24 Sec. 406.004. EMPLOYER NOTICE TO COMMISSION; ADMINISTRATIVE
374-25 VIOLATION. (a) An employer who does not obtain workers'
374-26 compensation insurance coverage shall notify the commission in
374-27 writing, in the time and as prescribed by commission rule, that the
375-1 employer elects not to obtain coverage.
375-2 (b) The commission shall prescribe forms to be used for the
375-3 employer notification and shall require the employer to provide
375-4 reasonable information to the commission about the employer's
375-5 business.
375-6 (c) The commission may contract with the Texas Employment
375-7 Commission or the comptroller for assistance in collecting the
375-8 notification required under this section. Those agencies shall
375-9 cooperate with the commission in enforcing this section.
375-10 (d) The employer notification filing required under this
375-11 section shall be filed with the Texas Department of Insurance in
375-12 accordance with Section 406.009.
375-13 (e) An employer commits a violation if the employer fails to
375-14 comply with this section. A violation under this subsection is a
375-15 Class D administrative violation. Each day of noncompliance
375-16 constitutes a separate violation. (V.A.C.S. Art. 8308-3.22.)
375-17 Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE
375-18 VIOLATION. (a) An employer shall notify each employee as provided
375-19 by this section whether or not the employer has workers'
375-20 compensation insurance coverage.
375-21 (b) The employer shall notify a new employee of the
375-22 existence or absence of workers' compensation insurance coverage at
375-23 the time the employee is hired.
375-24 (c) Each employer shall post a notice of whether the
375-25 employer has workers' compensation insurance coverage at
375-26 conspicuous locations at the employer's place of business as
375-27 necessary to provide reasonable notice to the employees. The
376-1 commission may adopt rules relating to the form and content of the
376-2 notice. The employer shall revise the notice when the information
376-3 contained in the notice is changed.
376-4 (d) An employer who obtains workers' compensation insurance
376-5 coverage or whose coverage is terminated or canceled shall notify
376-6 each employee that the coverage has been obtained, terminated, or
376-7 canceled not later than the 15th day after the date on which the
376-8 coverage, or the termination or cancellation of the coverage, takes
376-9 effect.
376-10 (e) An employer commits a violation if the employer fails to
376-11 comply with this section. A violation under this subsection is a
376-12 Class D administrative violation. (V.A.C.S. Art. 8308-3.24.)
376-13 Sec. 406.006. INSURANCE COMPANY NOTICE; ADMINISTRATIVE
376-14 VIOLATION. (a) An insurance company from which an employer has
376-15 obtained workers' compensation insurance coverage shall file notice
376-16 of the coverage with the commission not later than the 10th day
376-17 after the date on which the coverage takes effect. Coverage takes
376-18 effect on the date on which a binder is issued or at a later date
376-19 and time agreed to by the parties.
376-20 (b) The notice required under this section shall be filed
376-21 with the Texas Department of Insurance in accordance with Section
376-22 406.009.
376-23 (c) An insurance company commits a violation if the company
376-24 fails to file notice with the commission as provided by this
376-25 section. A violation under this subsection is a Class C
376-26 administrative violation. Each day of noncompliance constitutes a
376-27 separate violation. (V.A.C.S. Art. 8308-3.25.)
377-1 Sec. 406.007. TERMINATION OF COVERAGE BY EMPLOYER; NOTICE.
377-2 (a) An employer who terminates workers' compensation insurance
377-3 coverage obtained under this subtitle shall file a written notice
377-4 with the commission by certified mail not later than the 10th day
377-5 after the date on which the employer notified the insurance carrier
377-6 to terminate the coverage. The notice must include a statement
377-7 certifying the date that notice was provided or will be provided to
377-8 affected employees under Section 406.005.
377-9 (b) The notice required under this section shall be filed
377-10 with the Texas Department of Insurance in accordance with Section
377-11 406.009.
377-12 (c) Termination of coverage takes effect on the later of:
377-13 (1) the 30th day after the date of filing of notice
377-14 with the commission under Subsection (a); or
377-15 (2) the cancellation date of the policy.
377-16 (d) The coverage shall be extended until the date on which
377-17 the termination of coverage takes effect, and the employer is
377-18 obligated for premiums due for that period. (V.A.C.S. Art.
377-19 8308-3.26.)
377-20 Sec. 406.008. CANCELLATION OR NONRENEWAL OF COVERAGE BY
377-21 INSURANCE COMPANY; NOTICE. (a) An insurance company that cancels
377-22 a policy of workers' compensation insurance or that does not renew
377-23 the policy by the anniversary date of the policy shall deliver
377-24 notice of the cancellation or nonrenewal by certified mail or in
377-25 person to the employer and the commission not later than:
377-26 (1) the 30th day before the date on which the
377-27 cancellation or nonrenewal takes effect; or
378-1 (2) the 10th day before the date on which the
378-2 cancellation or nonrenewal takes effect if the insurance company
378-3 cancels or does not renew because of:
378-4 (A) fraud in obtaining coverage;
378-5 (B) misrepresentation of the amount of payroll
378-6 for purposes of premium calculation;
378-7 (C) failure to pay a premium when due;
378-8 (D) an increase in the hazard for which the
378-9 employer seeks coverage that results from an act or omission of the
378-10 employer and that would produce an increase in the rate, including
378-11 an increase because of a failure to comply with:
378-12 (i) reasonable recommendations for loss
378-13 control; or
378-14 (ii) recommendations designed to reduce a
378-15 hazard under the employer's control within a reasonable period; or
378-16 (E) a determination made by the commissioner of
378-17 insurance that the continuation of the policy would place the
378-18 insurer in violation of the law or would be hazardous to the
378-19 interest of subscribers, creditors, or the general public.
378-20 (b) The notice required under this section shall be filed
378-21 with the Texas Department of Insurance in accordance with Section
378-22 406.009.
378-23 (c) Failure of the insurance company to give notice as
378-24 required by this section extends the policy until the date on which
378-25 the required notice is provided to the employer and the commission.
378-26 (V.A.C.S. Art. 8308-3.28.)
378-27 Sec. 406.009. COOPERATION WITH INSURANCE DEPARTMENT. (a)
379-1 The Texas Department of Insurance shall collect and maintain the
379-2 information required to be provided under this subchapter and shall
379-3 provide the information in the time and manner prescribed by the
379-4 commission.
379-5 (b) The Texas Department of Insurance shall monitor
379-6 compliance with the requirements of this subchapter and shall
379-7 notify the commission of possible violations in the time and manner
379-8 prescribed by the commission.
379-9 (c) The State Board of Insurance may adopt rules as
379-10 necessary to enforce this subchapter. (V.A.C.S. Art.
379-11 8308-3.27(a).)
379-12 Sec. 406.010. CLAIMS SERVICE; ADMINISTRATIVE VIOLATION. (a)
379-13 An insurance carrier shall provide claims service:
379-14 (1) through offices of the insurance carrier located
379-15 in this state; or
379-16 (2) by other resident representatives with full power
379-17 to act for the insurance carrier.
379-18 (b) Each insurance carrier shall designate persons to
379-19 provide claims service in sufficient numbers and at appropriate
379-20 locations to reasonably service policies written by the carrier.
379-21 (c) The commission by rule shall further specify the
379-22 requirements of this section.
379-23 (d) A person commits a violation if the person violates a
379-24 rule adopted under this section. A violation under this subsection
379-25 is a Class C administrative violation. Each day of noncompliance
379-26 constitutes a separate violation. (V.A.C.S. Art. 8308-3.29.)
379-27 Sec. 406.011. AUSTIN REPRESENTATIVE; ADMINISTRATIVE
380-1 VIOLATION. (a) The commission by rule may require an insurance
380-2 carrier to designate a representative in Austin to act as the
380-3 insurance carrier's agent before the commission in Austin. Notice
380-4 to the designated agent constitutes notice to the insurance
380-5 carrier.
380-6 (b) A person commits a violation if the person violates a
380-7 rule adopted under this section. A violation under this subsection
380-8 is a Class C administrative violation. Each day of noncompliance
380-9 constitutes a separate violation. (V.A.C.S. Art. 8308-3.30.)
380-10 Sec. 406.012. ENFORCEMENT OF SUBCHAPTER. The commission
380-11 shall enforce the administrative penalties established under this
380-12 subchapter in accordance with Chapter 415. (V.A.C.S.
380-13 Art. 8308-3.27(b).)
380-14 (Sections 406.013-406.030 reserved for expansion)
380-15 SUBCHAPTER B. COVERAGE REQUIREMENTS
380-16 Sec. 406.031. LIABILITY FOR COMPENSATION. (a) An insurance
380-17 carrier is liable for compensation for an employee's injury without
380-18 regard to fault or negligence if:
380-19 (1) at the time of injury, the employee is subject to
380-20 this subtitle; and
380-21 (2) the injury arises out of and in the course and
380-22 scope of employment.
380-23 (b) If an injury is an occupational disease, the employer in
380-24 whose employ the employee was last injuriously exposed to the
380-25 hazards of the disease is considered to be the employer of the
380-26 employee under this subtitle. (V.A.C.S. Art. 8308-3.01.)
380-27 Sec. 406.032. EXCEPTIONS. An insurance carrier is not
381-1 liable for compensation if:
381-2 (1) the injury:
381-3 (A) occurred while the employee was in a state
381-4 of intoxication;
381-5 (B) was caused by the employee's wilful attempt
381-6 to injure himself or to unlawfully injure another person;
381-7 (C) arose out of an act of a third person
381-8 intended to injure the employee because of a personal reason and
381-9 not directed at the employee as an employee or because of the
381-10 employment;
381-11 (D) arose out of voluntary participation in an
381-12 off-duty recreational, social, or athletic activity that did not
381-13 constitute part of the employee's work-related duties, unless the
381-14 activity is a reasonable expectancy of or is expressly or impliedly
381-15 required by the employment; or
381-16 (E) arose out of an act of God, unless the
381-17 employment exposes the employee to a greater risk of injury from an
381-18 act of God than ordinarily applies to the general public; or
381-19 (2) the employee's horseplay was a producing cause of
381-20 the injury. (V.A.C.S. Art. 8308-3.02.)
381-21 Sec. 406.033. COMMON-LAW DEFENSES; BURDEN OF PROOF. (a) In
381-22 an action against an employer who does not have workers'
381-23 compensation insurance coverage to recover damages for personal
381-24 injuries or death sustained by an employee in the course and scope
381-25 of the employment, it is not a defense that:
381-26 (1) the employee was guilty of contributory
381-27 negligence;
382-1 (2) the employee assumed the risk of injury or death;
382-2 or
382-3 (3) the injury or death was caused by the negligence
382-4 of a fellow employee.
382-5 (b) This section does not reinstate or otherwise affect the
382-6 availability of defenses at common law, including the defenses
382-7 described by Subsection (a).
382-8 (c) The employer may defend the action on the ground that
382-9 the injury was caused:
382-10 (1) by an act of the employee intended to bring about
382-11 the injury; or
382-12 (2) while the employee was in a state of intoxication.
382-13 (d) In an action described by Subsection (a) against an
382-14 employer who does not have workers' compensation insurance
382-15 coverage, the plaintiff must prove negligence of the employer or of
382-16 an agent or servant of the employer acting within the general scope
382-17 of the agent's or servant's employment. (V.A.C.S.
382-18 Arts. 8308-3.03, 8308-3.04.)
382-19 Sec. 406.034. EMPLOYEE ELECTION. (a) Except as otherwise
382-20 provided by law, unless the employee gives notice as provided by
382-21 Subsection (b), an employee of an employer waives the employee's
382-22 right of action at common law or under a statute of this state to
382-23 recover damages for personal injuries or death sustained in the
382-24 course and scope of the employment.
382-25 (b) An employee who desires to retain the common-law right
382-26 of action to recover damages for personal injuries or death shall
382-27 notify the employer in writing that the employee waives coverage
383-1 under this subtitle and retains all rights of action under common
383-2 law. The employee must notify the employer not later than the
383-3 fifth day after the date on which the employee:
383-4 (1) begins the employment; or
383-5 (2) receives written notice from the employer that the
383-6 employer has obtained workers' compensation insurance coverage if
383-7 the employer is not a covered employer at the time of the
383-8 employment but later obtains the coverage.
383-9 (c) An employer may not require an employee to retain
383-10 common-law rights under this section as a condition of employment.
383-11 (d) An employee who elects to retain the right of action or
383-12 a legal beneficiary of that employee may bring a cause of action
383-13 for damages for injuries sustained in the course and scope of the
383-14 employment under common law or under a statute of this state.
383-15 Notwithstanding Section 406.033, the cause of action is subject to
383-16 all defenses available under common law and the statutes of this
383-17 state. (V.A.C.S. Art. 8308-3.08.)
383-18 Sec. 406.035. WAIVER OF COMPENSATION PROHIBITED. Except as
383-19 provided by this subtitle, an agreement by an employee to waive the
383-20 employee's right to compensation is void. (V.A.C.S.
383-21 Art. 8308-3.09.)
383-22 (Sections 406.036-406.050 reserved for expansion)
383-23 SUBCHAPTER C. COVERAGE THROUGH COMMERCIAL INSURANCE
383-24 Sec. 406.051. SECURITY BY COMMERCIAL INSURANCE. (a) An
383-25 insurance company may contract to secure an employer's liability
383-26 and obligations and to pay compensation by issuing a workers'
383-27 compensation insurance policy under this subchapter.
384-1 (b) The contract for coverage must be written on a policy
384-2 and endorsements approved by the Texas Department of Insurance.
384-3 (c) The employer may not transfer:
384-4 (1) the obligation to accept a report of injury under
384-5 Section 409.001;
384-6 (2) the obligation to maintain records of injuries
384-7 under Section 409.006;
384-8 (3) the obligation to report injuries to the
384-9 commission under Section 409.005;
384-10 (4) liability for a violation of Section 415.006 or
384-11 415.008 or of Chapter 451; or
384-12 (5) the obligation to comply with a commission order.
384-13 (V.A.C.S. Art. 8308-3.41.)
384-14 Sec. 406.052. EFFECT OF OTHER INSURANCE COVERAGE. (a) A
384-15 contract entered into to indemnify an employer from loss or damage
384-16 resulting from an injury sustained by an employee that is
384-17 compensable under this subtitle is void unless the contract also
384-18 covers liability for payment of compensation under this subtitle.
384-19 (b) This section does not prohibit an employer who is not
384-20 required to have workers' compensation insurance coverage and who
384-21 has elected not to obtain workers' compensation insurance coverage
384-22 from obtaining insurance coverage on the employer's employees if
384-23 the insurance is not represented to any person as providing
384-24 workers' compensation insurance coverage authorized under this
384-25 subtitle. (V.A.C.S. Art. 8308-3.42.)
384-26 Sec. 406.053. ALL STATES COVERAGE. The Texas Department of
384-27 Insurance shall coordinate with the appropriate agencies of other
385-1 states to:
385-2 (1) share information regarding an employer who
385-3 obtains all states coverage; and
385-4 (2) ensure that the department has knowledge of an
385-5 employer who obtains all states coverage in another state but fails
385-6 to file notice with the department. (V.A.C.S. Art. 8308-3.43.)
385-7 (Sections 406.054-406.070 reserved for expansion)
385-8 SUBCHAPTER D. EXTRATERRITORIAL COVERAGE
385-9 Sec. 406.071. EXTRATERRITORIAL COVERAGE. (a) An employee
385-10 who is injured while working in another jurisdiction or the
385-11 employee's legal beneficiary is entitled to all rights and remedies
385-12 under this subtitle if:
385-13 (1) the injury would be compensable if it had occurred
385-14 in this state; and
385-15 (2) the employee has significant contacts with this
385-16 state or the employment is principally located in this state.
385-17 (b) An employee has significant contacts with this state if
385-18 the employee was hired or recruited in this state and the employee:
385-19 (1) was injured not later than one year after the date
385-20 of hire; or
385-21 (2) has worked in this state for at least 10 working
385-22 days during the 12 months preceding the date of injury. (V.A.C.S.
385-23 Arts. 8308-3.14, 8308-3.15.)
385-24 Sec. 406.072. PRINCIPAL LOCATION. The principal location of
385-25 a person's employment is where:
385-26 (1) the employer has a place of business at or from
385-27 which the employee regularly works; or
386-1 (2) the employee resides and spends a substantial part
386-2 of the employee's working time. (V.A.C.S. Art. 8308-3.16.)
386-3 Sec. 406.073. AGREEMENT ON PRINCIPAL LOCATION;
386-4 ADMINISTRATIVE VIOLATION. (a) An employee whose work requires
386-5 regular travel between this state and at least one other
386-6 jurisdiction may agree in writing with the employer on the
386-7 principal location of the employment.
386-8 (b) The employer shall file the agreement with the executive
386-9 director on request.
386-10 (c) A person commits a violation if the person violates
386-11 Subsection (b). A violation under this subsection is a Class D
386-12 administrative violation. (V.A.C.S. Art. 8308-3.17.)
386-13 Sec. 406.074. INTERJURISDICTIONAL AGREEMENTS. (a) The
386-14 executive director may enter into an agreement with an appropriate
386-15 agency of another jurisdiction with respect to:
386-16 (1) conflicts of jurisdiction;
386-17 (2) assumption of jurisdiction in a case in which the
386-18 contract of employment arises in one state and the injury is
386-19 incurred in another;
386-20 (3) procedures for proceeding against a foreign
386-21 employer who fails to comply with this subtitle; and
386-22 (4) procedures for the appropriate agency to use to
386-23 proceed against an employer of this state who fails to comply with
386-24 the workers' compensation laws of the other jurisdiction.
386-25 (b) An executed agreement that has been adopted as a rule by
386-26 the commission binds all subject employers and employees.
386-27 (c) In this section, "appropriate agency" means an agency of
387-1 another jurisdiction that administers the workers' compensation
387-2 laws of that jurisdiction. (V.A.C.S. Art. 8308-3.18.)
387-3 Sec. 406.075. EFFECT OF COMPENSATION PAID IN OTHER
387-4 JURISDICTION. (a) An injured employee who elects to pursue the
387-5 employee's remedy under the workers' compensation laws of another
387-6 jurisdiction and who recovers benefits under those laws may not
387-7 recover under this subtitle.
387-8 (b) The amount of benefits accepted under the laws of the
387-9 other jurisdiction without an election under Subsection (a) shall
387-10 be credited against the benefits that the employee would have
387-11 received had the claim been made under this subtitle. (V.A.C.S.
387-12 Art. 8308-3.19.)
387-13 (Sections 406.076-406.090 reserved for expansion)
387-14 SUBCHAPTER E. APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
387-15 Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE. (a)
387-16 The following employees are not subject to this subtitle:
387-17 (1) a person employed as a domestic worker or a casual
387-18 worker engaged in employment incidental to a personal residence;
387-19 (2) a person covered by a method of compensation
387-20 established under federal law; or
387-21 (3) except as provided by Subchapter H, a farm or
387-22 ranch employee.
387-23 (b) An employer may elect to obtain workers' compensation
387-24 insurance coverage for an employee or classification of employees
387-25 exempted from coverage under Subsection (a)(1) or (a)(3).
387-26 Obtaining that coverage constitutes acceptance by the employer of
387-27 the rights and responsibilities imposed under this subtitle as of
388-1 the effective date of the coverage for as long as the coverage
388-2 remains in effect.
388-3 (c) An employer who does not obtain coverage for exempt
388-4 employees is not deprived of the common-law defenses described by
388-5 Section 406.033, but this section does not reinstate or otherwise
388-6 affect the availability of those or other defenses at common law.
388-7 (V.A.C.S. Arts. 8308-3.10, 8308-3.11.)
388-8 Sec. 406.092. ALIEN EMPLOYEES AND BENEFICIARIES. (a) A
388-9 resident or nonresident alien employee or legal beneficiary is
388-10 entitled to compensation under this subtitle.
388-11 (b) A nonresident alien employee or legal beneficiary, at
388-12 the election of the employee or legal beneficiary, may be
388-13 represented officially by a consular officer of the country of
388-14 which the employee or legal beneficiary is a citizen. That officer
388-15 may receive benefit payments for distribution to the employee or
388-16 legal beneficiary. The receipt of the payments constitutes full
388-17 discharge of the insurance carrier's liability for those payments.
388-18 (V.A.C.S. Art. 8308-3.12.)
388-19 Sec. 406.093. LEGALLY INCOMPETENT EMPLOYEES. (a) The
388-20 guardian of an injured employee who is a minor or is otherwise
388-21 legally incompetent may exercise on the employee's behalf the
388-22 rights and privileges granted to the employee under this subtitle.
388-23 (b) The commission by rule shall adopt procedures relating
388-24 to the method of payment of benefits to legally incompetent
388-25 employees. (V.A.C.S. Art. 8308-3.13.)
388-26 Sec. 406.094. CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE
388-27 COMMISSION. (a) An employer who elects to provide workers'
389-1 compensation insurance coverage may include in the coverage a real
389-2 estate salesman or broker who is:
389-3 (1) licensed under The Real Estate License Act
389-4 (Article 6573a, Vernon's Texas Civil Statutes); and
389-5 (2) compensated solely by commissions.
389-6 (b) If coverage is elected by the employer, the insurance
389-7 policy must specifically name the salesman or broker. The coverage
389-8 continues while the policy is in effect and the named salesman or
389-9 broker is endorsed on the policy. (V.A.C.S. Art. 8308-3.055.)
389-10 Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES. (a) A
389-11 professional athlete employed under a contract for hire or a
389-12 collective bargaining agreement who is entitled to benefits for
389-13 medical care and weekly benefits that are equal to or greater than
389-14 the benefits provided under this subtitle may not receive benefits
389-15 under this subtitle and the equivalent benefits under the contract
389-16 or collective bargaining agreement. An athlete covered by such a
389-17 contract or agreement who sustains an injury in the course and
389-18 scope of the athlete's employment shall elect to receive either the
389-19 benefits available under this subtitle or the benefits under the
389-20 contract or agreement.
389-21 (b) The commission by rule shall establish the procedures
389-22 and requirements for an election under this section.
389-23 (c) In this section, "professional athlete" means a person
389-24 employed as a professional athlete by a franchise of:
389-25 (1) the National Football League;
389-26 (2) the National Basketball Association;
389-27 (3) the American League of Professional Baseball
390-1 Clubs; or
390-2 (4) the National League of Professional Baseball
390-3 Clubs. (V.A.C.S. Art. 8308-3.075.)
390-4 Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR
390-5 CONSTRUCTION CONTRACTORS. (a) A governmental entity that enters
390-6 into a building or construction contract shall require the
390-7 contractor to certify in writing that the contractor provides
390-8 workers' compensation insurance coverage for each employee of the
390-9 contractor employed on the public project.
390-10 (b) Each subcontractor on the public project shall provide
390-11 such a certificate relating to coverage of the subcontractor's
390-12 employees to the general contractor, who shall provide the
390-13 subcontractor's certificate to the governmental entity.
390-14 (c) A contractor who has a contract that requires workers'
390-15 compensation insurance coverage may provide the coverage through a
390-16 group plan or other method satisfactory to the governing body of
390-17 the governmental entity.
390-18 (d) The employment of a maintenance employee by an employer
390-19 who is not engaging in building or construction as the employer's
390-20 primary business does not constitute engaging in building or
390-21 construction.
390-22 (e) In this section:
390-23 (1) "Building or construction" includes:
390-24 (A) erecting or preparing to erect a structure,
390-25 including a building, bridge, roadway, public utility facility, or
390-26 related appurtenance;
390-27 (B) remodeling, extending, repairing, or
391-1 demolishing a structure; or
391-2 (C) otherwise improving real property or an
391-3 appurtenance to real property through similar activities.
391-4 (2) "Governmental entity" means this state or a
391-5 political subdivision of this state. The term includes a
391-6 municipality. (V.A.C.S. Arts. 8308-3.23(c), (d).)
391-7 (Sections 406.097-406.120 reserved for expansion)
391-8 SUBCHAPTER F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
391-9 Sec. 406.121. DEFINITIONS. In this subchapter:
391-10 (1) "General contractor" means a person who undertakes
391-11 to procure the performance of work or a service, either separately
391-12 or through the use of subcontractors. The term includes a
391-13 "principal contractor," "original contractor," "prime contractor,"
391-14 or other analogous term. The term does not include a motor carrier
391-15 that provides a transportation service through the use of an owner
391-16 operator.
391-17 (2) "Independent contractor" means a person who
391-18 contracts to perform work or provide a service for the benefit of
391-19 another and who ordinarily:
391-20 (A) acts as the employer of any employee of the
391-21 contractor by paying wages, directing activities, and performing
391-22 other similar functions characteristic of an employer-employee
391-23 relationship;
391-24 (B) is free to determine the manner in which the
391-25 work or service is performed, including the hours of labor of or
391-26 method of payment to any employee;
391-27 (C) is required to furnish or to have employees,
392-1 if any, furnish necessary tools, supplies, or materials to perform
392-2 the work or service; and
392-3 (D) possesses the skills required for the
392-4 specific work or service.
392-5 (3) "Motor carrier" means a person who operates a
392-6 motor vehicle over a public highway in this state to provide a
392-7 transportation service or who contracts to provide that service.
392-8 (4) "Owner operator" means a person who provides
392-9 transportation services under contract for a motor carrier. An
392-10 owner operator is an independent contractor.
392-11 (5) "Subcontractor" means a person who contracts with
392-12 a general contractor to perform all or part of the work or services
392-13 that the general contractor has undertaken to perform.
392-14 (6) "Transportation service" means providing a motor
392-15 vehicle, with a driver under contract, to transport passengers or
392-16 property. (V.A.C.S. Art. 8308-3.05(a).)
392-17 Sec. 406.122. STATUS AS EMPLOYEE. (a) For purposes of
392-18 workers' compensation insurance coverage, a person who performs
392-19 work or provides a service for a general contractor or motor
392-20 carrier who is an employer under this subtitle is an employee of
392-21 that general contractor or motor carrier, unless the person is:
392-22 (1) operating as an independent contractor; or
392-23 (2) hired to perform the work or provide the service
392-24 as an employee of a person operating as an independent contractor.
392-25 (b) A subcontractor and the subcontractor's employees are
392-26 not employees of the general contractor for purposes of this
392-27 subtitle if the subcontractor:
393-1 (1) is operating as an independent contractor; and
393-2 (2) has entered into a written agreement with the
393-3 general contractor that evidences a relationship in which the
393-4 subcontractor assumes the responsibilities of an employer for the
393-5 performance of work.
393-6 (c) An owner operator and the owner operator's employees are
393-7 not employees of a motor carrier for the purposes of this subtitle
393-8 if the owner operator has entered into a written agreement with the
393-9 motor carrier that evidences a relationship in which the owner
393-10 operator assumes the responsibilities of an employer for the
393-11 performance of work. (V.A.C.S. Arts. 8308-3.05(b), (c), (d).)
393-12 Sec. 406.123. ELECTION TO PROVIDE COVERAGE; ADMINISTRATIVE
393-13 VIOLATION. (a) A general contractor and a subcontractor may enter
393-14 into a written agreement under which the general contractor
393-15 provides workers' compensation insurance coverage to the
393-16 subcontractor and the employees of the subcontractor.
393-17 (b) If a general contractor has workers' compensation
393-18 insurance to protect the general contractor's employees and if, in
393-19 the course and scope of the general contractor's business, the
393-20 general contractor enters into a contract with a subcontractor who
393-21 does not have employees, the general contractor shall be treated as
393-22 the employer of the subcontractor for the purposes of this subtitle
393-23 and may enter into an agreement for the deduction of premiums paid
393-24 in accordance with Subsection (d).
393-25 (c) A motor carrier and an owner operator may enter into a
393-26 written agreement under which the motor carrier provides workers'
393-27 compensation insurance coverage to the owner operator and the
394-1 employees of the owner operator.
394-2 (d) If a general contractor or a motor carrier elects to
394-3 provide coverage under Subsection (a) or (c), then, notwithstanding
394-4 Section 415.006, the actual premiums, based on payroll, that are
394-5 paid or incurred by the general contractor or motor carrier for the
394-6 coverage may be deducted from the contract price or other amount
394-7 owed to the subcontractor or owner operator by the general
394-8 contractor or motor carrier.
394-9 (e) An agreement under this section makes the general
394-10 contractor the employer of the subcontractor and the
394-11 subcontractor's employees only for purposes of the workers'
394-12 compensation laws of this state.
394-13 (f) A general contractor shall file a copy of an agreement
394-14 entered into under this section with the general contractor's
394-15 workers' compensation insurance carrier not later than the 10th day
394-16 after the date on which the contract is executed. If the general
394-17 contractor is a certified self-insurer, the copy must be filed with
394-18 the division of self-insurance regulation.
394-19 (g) A general contractor who enters into an agreement with a
394-20 subcontractor under this section commits a violation if the
394-21 contractor fails to file a copy of the agreement as required by
394-22 Subsection (f). A violation under this subsection is a Class B
394-23 administrative violation. (V.A.C.S. Arts. 8308-3.05(e), (f), (g),
394-24 (l).)
394-25 Sec. 406.124. CAUSE OF ACTION. If a person who has workers'
394-26 compensation insurance coverage subcontracts all or part of the
394-27 work to be performed by the person to a subcontractor with the
395-1 intent to avoid liability as an employer under this subtitle, an
395-2 employee of the subcontractor who sustains a compensable injury in
395-3 the course and scope of the employment shall be treated as an
395-4 employee of the person for purposes of workers' compensation and
395-5 shall have a separate right of action against the subcontractor.
395-6 The right of action against the subcontractor does not affect the
395-7 employee's right to compensation under this subtitle. (V.A.C.S.
395-8 Art. 8308-3.05(h).)
395-9 Sec. 406.125. RESTRICTION OF UNSAFE WORK PRACTICES
395-10 UNAFFECTED. This subchapter does not prevent a general contractor
395-11 from directing a subcontractor or the employees of a subcontractor
395-12 to stop or change an unsafe work practice. (V.A.C.S. Art.
395-13 8308-3.05(i).)
395-14 Sec. 406.126. EXEMPTION. This subchapter does not apply to
395-15 farm or ranch employees. (V.A.C.S. Art. 8308-3.05(k).)
395-16 Sec. 406.127. EFFECT OF CERTAIN CONTRACTS OF HIRE. An
395-17 insurance company may not demand an insurance premium from an
395-18 employer for coverage of an independent contractor or an employee
395-19 of an independent contractor if the independent contractor is under
395-20 a contract of hire with the employer. (V.A.C.S. Art.
395-21 8308-3.05(j).)
395-22 (Sections 406.128-406.140 reserved for expansion)
395-23 SUBCHAPTER G. COVERAGE OF CERTAIN BUILDING AND
395-24 CONSTRUCTION WORKERS
395-25 Sec. 406.141. DEFINITIONS. In this subchapter:
395-26 (1) "Hiring contractor" means a general contractor or
395-27 subcontractor who, in the course of regular business, subcontracts
396-1 all or part of the work to be performed to other persons.
396-2 (2) "Independent contractor" means a person who
396-3 contracts to perform work or provide a service for the benefit of
396-4 another and who:
396-5 (A) is paid by the job and not by the hour or
396-6 some other time-measured basis;
396-7 (B) is free to hire as many helpers as desired
396-8 and may determine the pay of each helper; and
396-9 (C) is free to, while under contract to the
396-10 hiring contractor, work for other contractors or is free to send
396-11 helpers to work for other contractors. (V.A.C.S. Art.
396-12 8308-3.06(b).)
396-13 Sec. 406.142. APPLICATION. This subchapter applies only to
396-14 contractors and workers preparing to construct, constructing,
396-15 altering, repairing, extending, or demolishing:
396-16 (1) a residential structure;
396-17 (2) a commercial structure that does not exceed three
396-18 stories in height or 20,000 square feet in area; or
396-19 (3) an appurtenance to a structure described by
396-20 Subdivision (1) or (2). (V.A.C.S. Art. 8308-3.06(a).)
396-21 Sec. 406.143. PROVISION OF WORKERS' COMPENSATION INSURANCE;
396-22 INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES. (a) Unless the
396-23 independent contractor and hiring contractor enter into an
396-24 agreement under Section 406.144, the independent contractor is
396-25 responsible for any workers' compensation insurance coverage
396-26 provided to an employee of the independent contractor, and the
396-27 independent contractor's employees are not entitled to workers'
397-1 compensation insurance coverage from the hiring contractor.
397-2 (b) An independent contractor without employees shall be
397-3 treated in the same manner as an independent contractor with
397-4 employees and is not entitled to coverage under the hiring
397-5 contractor's workers' compensation insurance policy unless the
397-6 independent contractor and hiring contractor enter into an
397-7 agreement under Section 406.144. (V.A.C.S. Arts. 8308-3.06(c)
397-8 (part), (e) (part).)
397-9 Sec. 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT. (a)
397-10 Except as provided by this section, a hiring contractor is not
397-11 responsible for providing workers' compensation insurance coverage
397-12 for an independent contractor or the independent contractor's
397-13 employee, helper, or subcontractor. An independent contractor and
397-14 a hiring contractor may enter into a written agreement under which
397-15 the independent contractor agrees that the hiring contractor may
397-16 withhold the cost of workers' compensation insurance coverage from
397-17 the contract price and that, for the purpose of providing workers'
397-18 compensation insurance coverage, the hiring contractor is the
397-19 employer of the independent contractor and the independent
397-20 contractor's employees.
397-21 (b) A hiring contractor and independent contractor may enter
397-22 into an agreement under Subsection (a) even if the independent
397-23 contractor does not have an employee.
397-24 (c) An agreement under this section shall be filed with the
397-25 commission either by personal delivery or by registered or
397-26 certified mail and is considered filed on receipt by the
397-27 commission.
398-1 (d) The hiring contractor shall send a copy of an agreement
398-2 under this section to the hiring contractor's workers' compensation
398-3 insurance carrier on filing of the agreement with the commission.
398-4 (e) An agreement under this section makes the hiring
398-5 contractor the employer of the independent contractor and the
398-6 independent contractor's employees only for the purposes of the
398-7 workers' compensation laws of this state.
398-8 (f) The deduction of the cost of the workers' compensation
398-9 insurance coverage from the independent contractor's contract price
398-10 is permitted notwithstanding Section 415.006. (V.A.C.S. Arts.
398-11 8308-3.06(c) (part), (d).)
398-12 Sec. 406.145. JOINT AGREEMENT. (a) A hiring contractor and
398-13 an independent subcontractor may make a joint agreement declaring
398-14 that the subcontractor is an independent contractor as defined in
398-15 Section 406.141(2) and that the subcontractor is not the employee
398-16 of the hiring contractor. If the joint agreement is signed by both
398-17 the hiring contractor and the subcontractor and filed with the
398-18 commission, the subcontractor, as a matter of law, is an
398-19 independent contractor and not an employee, and is not entitled to
398-20 workers' compensation insurance coverage through the hiring
398-21 contractor unless an agreement is entered into under Section
398-22 406.144 to provide workers' compensation insurance coverage. The
398-23 commission shall prescribe forms for the joint agreement.
398-24 (b) A joint agreement shall be delivered to the commission
398-25 by personal delivery or registered or certified mail and is
398-26 considered filed on receipt by the commission.
398-27 (c) The hiring contractor shall send a copy of a joint
399-1 agreement signed under this section to the hiring contractor's
399-2 workers' compensation insurance carrier on filing of the joint
399-3 agreement with the commission.
399-4 (d) The commission shall maintain a system for accepting and
399-5 maintaining the joint agreements.
399-6 (e) A joint agreement signed under this section applies to
399-7 each hiring agreement between the hiring contractor and the
399-8 independent contractor until the first anniversary of its filing
399-9 date, unless a subsequent hiring agreement expressly states that
399-10 the joint agreement does not apply.
399-11 (f) If a subsequent hiring agreement is made to which the
399-12 joint agreement does not apply, the hiring contractor and
399-13 independent contractor shall notify the commission and the hiring
399-14 contractor's workers' compensation insurance carrier in writing.
399-15 (g) If a hiring contractor and an independent contractor
399-16 have filed a joint agreement under this section, an insurance
399-17 company may not require the payment of an insurance premium by a
399-18 hiring contractor for coverage of an independent contractor or an
399-19 independent contractor's employee, helper, or subcontractor other
399-20 than under an agreement entered into in compliance with Section
399-21 406.144. (V.A.C.S. Arts. 8308-3.06(e) (part), (f), (h).)
399-22 Sec. 406.146. WRONGFUL INDUCEMENT PROHIBITED. (a) A hiring
399-23 contractor may not:
399-24 (1) wrongfully induce an employee to enter into a
399-25 joint agreement under Section 406.145 stating that the employee is
399-26 an independent contractor; or
399-27 (2) exert controls over an independent contractor or
400-1 an employee of an independent contractor sufficient to make that
400-2 person an employee under common-law tests.
400-3 (b) A hiring contractor does not exert employer-like
400-4 controls over an independent contractor or an independent
400-5 contractor's employee solely because of:
400-6 (1) controlling the hours of labor, if that control is
400-7 exercised only to:
400-8 (A) establish the deadline for the completion of
400-9 the work called for by the contract;
400-10 (B) schedule work to occur in a logical sequence
400-11 and to avoid delays or interference with the work of other
400-12 contractors; or
400-13 (C) schedule work to avoid disturbing neighbors
400-14 during night or early morning hours or at other times when the
400-15 independent contractor's activities would unreasonably disturb
400-16 activities in the neighborhood; or
400-17 (2) stopping or directing work solely to prevent or
400-18 correct an unsafe work practice or condition or to control work to
400-19 ensure that the end product is in compliance with the contracted
400-20 for result. (V.A.C.S. Art. 8308-3.06(g).)
400-21 (Sections 406.147-406.160 reserved for expansion)
400-22 SUBCHAPTER H. COVERAGE OF FARM AND RANCH EMPLOYEES
400-23 Sec. 406.161. DEFINITIONS. In this subchapter:
400-24 (1) "Agricultural labor" means the planting,
400-25 cultivating, or harvesting of an agricultural or horticultural
400-26 commodity in its unmanufactured state.
400-27 (2) "Family" means persons related within the third
401-1 degree by consanguinity or affinity.
401-2 (3) "Labor agent" means a person who:
401-3 (A) is a farm labor contractor for purposes of
401-4 the Migrant and Seasonal Agricultural Worker Protection Act (29
401-5 U.S.C. Section 1801 et seq.); or
401-6 (B) otherwise recruits, solicits, hires,
401-7 employs, furnishes, or transports migrant or seasonal agricultural
401-8 workers who work for the benefit of a third party.
401-9 (4) "Migrant worker" means an individual who is:
401-10 (A) employed in agricultural labor of a seasonal
401-11 or temporary nature; and
401-12 (B) required to be absent overnight from the
401-13 worker's permanent place of residence.
401-14 (5) "Seasonal worker" means an individual who is:
401-15 (A) employed in agricultural or ranch labor of a
401-16 seasonal or temporary nature; and
401-17 (B) not required to be absent overnight from the
401-18 worker's permanent place of residence.
401-19 (6) "Truck farm" means a farm on which fruits, garden
401-20 vegetables for human consumption, potatoes, sugar beets, or
401-21 vegetable seeds are produced for market. The term includes a farm
401-22 primarily devoted to one of those crops that also has incidental
401-23 acreage of other crops. (V.A.C.S. Art. 8308-3.07(i) (part).)
401-24 Sec. 406.162. SCOPE. (a) This subtitle applies to an
401-25 action to recover damages for personal injuries or death sustained
401-26 by a farm or ranch employee who is:
401-27 (1) a migrant worker;
402-1 (2) a seasonal worker:
402-2 (A) employed on a truck farm, orchard, or
402-3 vineyard;
402-4 (B) employed by a person with a gross annual
402-5 payroll for the preceding year in an amount not less than the
402-6 greater of the required payroll for the year preceding that year,
402-7 adjusted for inflation, or $25,000; or
402-8 (C) working for a farmer, ranch operator, or
402-9 labor agent who employs a migrant worker and doing the same work at
402-10 the same time and location as the migrant worker; or
402-11 (3) an employee, other than a migrant or seasonal
402-12 worker:
402-13 (A) for years before 1991, employed by a person
402-14 with a gross annual payroll for the preceding year of at least
402-15 $50,000; and
402-16 (B) for 1991 and subsequent years, employed by a
402-17 person:
402-18 (i) with a gross annual payroll in an
402-19 amount required for coverage of seasonal workers under Subdivision
402-20 (2)(B); or
402-21 (ii) who employs three or more farm or
402-22 ranch employees other than migrant or seasonal workers.
402-23 (b) The comptroller shall prepare a consumer price index for
402-24 this state and shall certify the applicable index factor to the
402-25 commission before October 1 of each year. The commission shall
402-26 adjust the gross annual payroll requirement under Subsection
402-27 (a)(2)(B) accordingly.
403-1 (c) For the purposes of this section, the gross annual
403-2 payroll of a person includes any amount paid by the person to a
403-3 labor agent for the agent's services and for the services of
403-4 migrant or seasonal workers but does not include wages paid to:
403-5 (1) the person or a member of the person's family, if
403-6 the person is a sole proprietor;
403-7 (2) a partner in a partnership or a member of the
403-8 partner's family; or
403-9 (3) a shareholder of a corporation in which all
403-10 shareholders are family members or a member of the shareholder's
403-11 family.
403-12 (d) This subchapter does not affect the application or
403-13 interpretation of this subtitle as it relates to persons engaged in
403-14 activities determined before January 1, 1985, not to be farm or
403-15 ranch labor. (V.A.C.S. Arts. 8308-3.07(a), (b), (c), (d), (j).)
403-16 Sec. 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL
403-17 LIABILITY. (a) A labor agent who furnishes a migrant or seasonal
403-18 worker is liable under this subtitle as if the labor agent were the
403-19 employer of the worker, without regard to the right of control or
403-20 other factors used to determine an employer-employee relationship.
403-21 (b) If the labor agent does not have workers' compensation
403-22 insurance coverage, the person with whom the labor agent contracts
403-23 for the services of the migrant or seasonal worker is jointly and
403-24 severally liable with the labor agent in an action to recover
403-25 damages for personal injuries or death suffered by the migrant or
403-26 seasonal worker as provided by this subtitle, and, for that
403-27 purpose, the migrant or seasonal worker is considered the employee
404-1 of the person with whom the labor agent contracts and that person
404-2 may obtain workers' compensation insurance coverage for that worker
404-3 as provided by this subtitle. If a migrant or seasonal worker is
404-4 covered by workers' compensation insurance coverage, the person
404-5 with whom the labor agent contracts is not liable in a separate
404-6 action for injury or death except to the extent provided by this
404-7 subtitle.
404-8 (c) A labor agent shall notify each person with whom the
404-9 agent contracts of whether the agent has workers' compensation
404-10 insurance coverage. If the agent does have workers' compensation
404-11 insurance coverage, the agent shall present evidence of the
404-12 coverage to each person with whom the agent contracts. (V.A.C.S.
404-13 Arts. 8308-3.07(e), (f), (g).)
404-14 Sec. 406.164. ELECTIVE COVERAGE OF EMPLOYER AND FAMILY
404-15 MEMBERS. (a) A person who purchases a workers' compensation
404-16 insurance policy covering farm or ranch employees may cover the
404-17 person, a partner, a corporate officer, or a family member in that
404-18 policy. The insurance policy must specifically name the individual
404-19 to be covered.
404-20 (b) The elective coverage continues while the policy is in
404-21 effect and the named individual is endorsed on the policy.
404-22 (c) A member of an employer's family is exempt from coverage
404-23 under the policy unless an election for that coverage is made under
404-24 this section. (V.A.C.S. Art. 8308-3.07(h).)
404-25 Sec. 406.165. NOT APPLICABLE TO INDEPENDENT CONTRACTORS.
404-26 (a) A farm or ranch employee who performs work or provides a
404-27 service for a farm or ranch employer subject to this subchapter is
405-1 an employee of that employer unless the employee is hired to
405-2 perform the work or provide the service as an employee of an
405-3 independent contractor.
405-4 (b) In this section, "independent contractor" means a
405-5 person, other than a labor agent, who contracts with a farm or
405-6 ranch employer to perform work or provide a service for the benefit
405-7 of the employer and who ordinarily:
405-8 (1) acts as the employer of the employee by paying
405-9 wages, directing activities, and performing other similar functions
405-10 characteristic of an employer-employee relationship;
405-11 (2) is free to determine the manner in which the work
405-12 or service is performed, including the hours of labor or the method
405-13 of payment;
405-14 (3) is required to furnish necessary tools, supplies,
405-15 or materials to perform the work or service; and
405-16 (4) possesses skills required for the specific work or
405-17 service. (V.A.C.S. Art. 8308-3.07(k).)
405-18 CHAPTER 407. SELF-INSURANCE REGULATION
405-19 SUBCHAPTER A. GENERAL PROVISIONS
405-20 Sec. 407.001. DEFINITIONS
405-21 (Sections 407.002-407.020 reserved for expansion)
405-22 SUBCHAPTER B. DIVISION OF SELF-INSURANCE REGULATION
405-23 Sec. 407.021. DIVISION
405-24 Sec. 407.022. DIRECTOR
405-25 Sec. 407.023. EXCLUSIVE POWERS AND DUTIES OF COMMISSION
405-26 Sec. 407.024. CLAIM OR SUIT
405-27 (Sections 407.025-407.040 reserved for expansion)
406-1 SUBCHAPTER C. CERTIFICATE OF AUTHORITY TO SELF-INSURE
406-2 Sec. 407.041. APPLICATION
406-3 Sec. 407.042. ISSUANCE OF CERTIFICATE
406-4 Sec. 407.043. PROCEDURES ON DENIAL OF APPLICATION
406-5 Sec. 407.044. TERM OF CERTIFICATE; RENEWAL
406-6 Sec. 407.045. WITHDRAWAL FROM SELF-INSURANCE
406-7 Sec. 407.046. REVOCATION OF CERTIFICATE OF AUTHORITY
406-8 Sec. 407.047. EFFECT OF REVOCATION
406-9 (Sections 407.048-407.060 reserved for expansion)
406-10 SUBCHAPTER D. REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
406-11 Sec. 407.061. GENERAL REQUIREMENTS
406-12 Sec. 407.062. FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS
406-13 Sec. 407.063. PREMIUM REQUIREMENTS
406-14 Sec. 407.064. GENERAL SECURITY REQUIREMENTS
406-15 Sec. 407.065. SPECIFIC SECURITY REQUIREMENTS
406-16 Sec. 407.066. EFFECT OF DISPUTE
406-17 Sec. 407.067. EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE
406-18 VIOLATION
406-19 Sec. 407.068. GUARANTEE BY PARENT ORGANIZATION
406-20 (Sections 407.069-407.080 reserved for expansion)
406-21 SUBCHAPTER E. POWERS AND DUTIES OF CERTIFIED SELF-INSURER
406-22 Sec. 407.081. ANNUAL REPORT
406-23 Sec. 407.082. EXAMINATION OF RECORDS; ADMINISTRATIVE
406-24 VIOLATION
406-25 Sec. 407.083. PAYMENT OF INSURANCE AGENT'S COMMISSION
406-26 (Sections 407.084-407.100 reserved for expansion)
406-27 SUBCHAPTER F. FINANCING OF SELF-INSURANCE PROGRAM
407-1 Sec. 407.101. FUND
407-2 Sec. 407.102. REGULATORY FEE
407-3 Sec. 407.103. SELF-INSURER MAINTENANCE TAX; EFFECT ON GENERAL
407-4 MAINTENANCE TAX
407-5 Sec. 407.104. COLLECTION OF TAXES AND FEES; ADMINISTRATIVE
407-6 VIOLATION
407-7 (Sections 407.105-407.120 reserved for expansion)
407-8 SUBCHAPTER G. TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
407-9 Sec. 407.121. GUARANTY ASSOCIATION
407-10 Sec. 407.122. BOARD OF DIRECTORS
407-11 Sec. 407.123. BOARD RULES
407-12 Sec. 407.124. IMPAIRED EMPLOYER; ASSESSMENTS
407-13 Sec. 407.125. PAYMENT OF ASSESSMENTS
407-14 Sec. 407.126. TRUST FUND; FEE
407-15 Sec. 407.127. PAYMENT OF BENEFITS THROUGH ASSOCIATION
407-16 Sec. 407.128. POSSESSION OF SECURITY BY ASSOCIATION
407-17 Sec. 407.129. RELEASE OF CLAIM INFORMATION TO ASSOCIATION
407-18 Sec. 407.130. ASSOCIATION AS PARTY IN INTEREST
407-19 Sec. 407.131. PREFERENCE
407-20 Sec. 407.132. SPECIAL FUND
407-21 Sec. 407.133. SUSPENSION OR REVOCATION OF CERTIFICATE FOR
407-22 FAILURE TO PAY ASSESSMENT
407-23 CHAPTER 407. SELF-INSURANCE REGULATION
407-24 SUBCHAPTER A. GENERAL PROVISIONS
407-25 Sec. 407.001. DEFINITIONS. In this chapter:
407-26 (1) "Association" means the Texas Certified
407-27 Self-Insurer Guaranty Association.
408-1 (2) "Director" means the director of the division of
408-2 self-insurance regulation.
408-3 (3) "Impaired employer" means a certified
408-4 self-insurer:
408-5 (A) who has suspended payment of compensation as
408-6 determined by the commission;
408-7 (B) who has filed for relief under bankruptcy
408-8 laws;
408-9 (C) against whom bankruptcy proceedings have
408-10 been filed; or
408-11 (D) for whom a receiver has been appointed by a
408-12 court of this state.
408-13 (4) "Incurred liabilities for compensation" means the
408-14 amount equal to the sum of:
408-15 (A) the estimated amount of the liabilities for
408-16 outstanding workers' compensation claims, including claims incurred
408-17 but not yet reported; and
408-18 (B) the estimated amount necessary to provide
408-19 for the administration of those claims, including legal costs.
408-20 (5) "Qualified claims servicing contractor" means a
408-21 person who provides claims service for a certified self-insurer,
408-22 who is a separate business entity from the affected certified
408-23 self-insurer, and who is:
408-24 (A) an insurance company authorized by the Texas
408-25 Department of Insurance to write workers' compensation insurance;
408-26 (B) a subsidiary of an insurance company that
408-27 provides claims service under contract; or
409-1 (C) a third-party administrator that has on its
409-2 staff an individual licensed under Chapter 407, Acts of the 63rd
409-3 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
409-4 Insurance Code). (V.A.C.S. Art. 8308-3.51.)
409-5 (Sections 407.002-407.020 reserved for expansion)
409-6 SUBCHAPTER B. DIVISION OF SELF-INSURANCE REGULATION
409-7 Sec. 407.021. DIVISION. The division of self-insurance
409-8 regulation is a division of the commission. (V.A.C.S. Art.
409-9 8308-3.53(a).)
409-10 Sec. 407.022. DIRECTOR. (a) The executive director of the
409-11 commission shall appoint the director of the division.
409-12 (b) The director shall exercise all the rights, powers, and
409-13 duties imposed or conferred on the commission by this chapter,
409-14 other than by Section 407.023. (V.A.C.S. Arts. 8308-3.53(b),
409-15 8308-3.54.)
409-16 Sec. 407.023. EXCLUSIVE POWERS AND DUTIES OF COMMISSION.
409-17 (a) The commission, by majority vote, shall:
409-18 (1) approve or deny a recommendation by the director
409-19 concerning the issuance or revocation of a certificate of authority
409-20 to self-insure; and
409-21 (2) certify that a certified self-insurer has
409-22 suspended payment of compensation or has otherwise become an
409-23 impaired employer.
409-24 (b) The commission may not delegate the powers and duties
409-25 imposed by this section. (V.A.C.S. Art. 8308-3.52.)
409-26 Sec. 407.024. CLAIM OR SUIT. (a) A claim or suit brought
409-27 by a claimant or a certified self-insurer shall be styled "in
410-1 re: (name of employee) and (name of certified self-insurer)."
410-2 (b) The director is the agent for service of process for a
410-3 claim or suit brought by a workers' compensation claimant against
410-4 the qualified claims servicing contractor of a certified
410-5 self-insurer. (V.A.C.S. Art. 8308-3.66.)
410-6 (Sections 407.025-407.040 reserved for expansion)
410-7 SUBCHAPTER C. CERTIFICATE OF AUTHORITY TO SELF-INSURE
410-8 Sec. 407.041. APPLICATION. (a) An employer who desires to
410-9 self-insure under this chapter must submit an application to the
410-10 commission for a certificate of authority to self-insure.
410-11 (b) The application must be:
410-12 (1) submitted on a form adopted by the commission; and
410-13 (2) accompanied by a nonrefundable $1,000 application
410-14 fee.
410-15 (c) Not later than the 60th day after the date on which the
410-16 application is received, the director shall recommend approval or
410-17 denial of the application to the commission.
410-18 (d) During the pendency of the approval or denial of the
410-19 application, the applicant may not operate as a self-insurer under
410-20 this chapter. (V.A.C.S. Arts. 8308-3.55(a) (part), (b) (part),
410-21 8308-3.59(c).)
410-22 Sec. 407.042. ISSUANCE OF CERTIFICATE. With the approval of
410-23 the Texas Certified Self-Insurer Guaranty Association, and by
410-24 majority vote, the commission shall issue a certificate of
410-25 authority to self-insure to an applicant who meets the
410-26 certification requirements under this chapter and pays the required
410-27 fee. (V.A.C.S. Arts. 8308-3.55(b) (part), 8308-3.56(m).)
411-1 Sec. 407.043. PROCEDURES ON DENIAL OF APPLICATION. (a) If
411-2 the commission determines that an applicant for a certificate of
411-3 authority to self-insure does not meet the certification
411-4 requirements, the commission shall notify the applicant in writing
411-5 of its determination, stating the specific reasons for the denial
411-6 and the conditions to be met before approval may be granted.
411-7 (b) The applicant is entitled to a reasonable period, as
411-8 determined by the commission, to meet the conditions for approval
411-9 before the application is considered rejected for purposes of
411-10 appeal. (V.A.C.S. Arts. 8308-3.59(a), (b).)
411-11 Sec. 407.044. TERM OF CERTIFICATE; RENEWAL. (a) A
411-12 certificate of authority to self-insure is valid for one year after
411-13 the date of issuance and may be renewed under procedures prescribed
411-14 by the commission.
411-15 (b) The director may stagger the renewal dates of
411-16 certificates of authority to self-insure to facilitate the work
411-17 load of the division. (V.A.C.S. Art. 8308-3.55(b) (part).)
411-18 Sec. 407.045. WITHDRAWAL FROM SELF-INSURANCE. (a) A
411-19 certified self-insurer may withdraw from self-insurance at any time
411-20 with the approval of the commission. The commission shall approve
411-21 the withdrawal if the certified self-insurer shows to the
411-22 satisfaction of the commission that the certified self-insurer has
411-23 established an adequate program to pay all incurred losses,
411-24 including unreported losses, that arise out of accidents or
411-25 occupational diseases first distinctly manifested during the period
411-26 of operation as a certified self-insurer.
411-27 (b) A certified self-insurer who withdraws from
412-1 self-insurance shall surrender to the commission the certificate of
412-2 authority to self-insure. (V.A.C.S. Art. 8308-3.65(a).)
412-3 Sec. 407.046. REVOCATION OF CERTIFICATE OF AUTHORITY. (a)
412-4 The commission by majority vote may revoke the certificate of
412-5 authority to self-insure of a certified self-insurer who fails to
412-6 comply with requirements or conditions established by this chapter
412-7 or a rule adopted by the commission under this chapter.
412-8 (b) If the commission believes that a ground exists to
412-9 revoke a certificate of authority to self-insure, the commission
412-10 shall hold a hearing to determine if the certificate should be
412-11 revoked. The hearing shall be conducted in the manner provided for
412-12 a contested case hearing under the Administrative Procedure and
412-13 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
412-14 Statutes).
412-15 (c) The commission shall notify the certified self-insurer
412-16 of the hearing and the grounds not later than the 30th day before
412-17 the scheduled hearing date.
412-18 (d) If the certified self-insurer fails to show cause why
412-19 the certificate should not be revoked, the commission immediately
412-20 shall revoke the certificate. (V.A.C.S. Arts. 8308-3.68(a), (b).)
412-21 Sec. 407.047. EFFECT OF REVOCATION. (a) A certified
412-22 self-insurer whose certificate of authority to self-insure is
412-23 revoked is not relieved of the obligation for compensation to an
412-24 employee for an accidental injury or occupational disease that
412-25 occurred during the period of self-insurance.
412-26 (b) The security required under Sections 407.064 and 407.065
412-27 shall be maintained with the commission or under the commission's
413-1 control until each claim for workers' compensation benefits is
413-2 paid, is settled, or lapses under this subtitle. (V.A.C.S.
413-3 Art. 8308-3.68(c).)
413-4 (Sections 407.048-407.060 reserved for expansion)
413-5 SUBCHAPTER D. REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
413-6 Sec. 407.061. GENERAL REQUIREMENTS. (a) To be eligible for
413-7 a certificate of authority to self-insure, an applicant for an
413-8 initial or renewal certificate must present evidence satisfactory
413-9 to the commission and the association of sufficient financial
413-10 strength and liquidity, under standards adopted by the commission,
413-11 to ensure that all workers' compensation obligations incurred by
413-12 the applicant under this chapter are met promptly.
413-13 (b) The applicant must:
413-14 (1) be a business entity, or one of the consolidated
413-15 subsidiaries of the entity, that is required to register under the
413-16 Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and furnish
413-17 financial information prepared in accordance with the requirements
413-18 for those business entities; or
413-19 (2) annually furnish audited financial statements
413-20 comparable in form and manner of preparation to those filed by a
413-21 business entity required to register under the Securities Act of
413-22 1933 (15 U.S.C. Section 77a et seq.).
413-23 (c) The applicant must present a plan for claims
413-24 administration that is acceptable to the commission and that
413-25 designates a qualified claims servicing contractor.
413-26 (d) The applicant must demonstrate the existence of an
413-27 effective safety program for each location in the state at which it
414-1 conducts business.
414-2 (e) The applicant must provide to the commission a copy of
414-3 each contract entered into with a person that provides claims
414-4 services, underwriting services, or accident prevention services if
414-5 the provider of those services is not an employee of the applicant.
414-6 The contract must be acceptable to the commission and must be
414-7 submitted in a standard form adopted by the commission, if the
414-8 commission adopts such a form.
414-9 (f) The commission shall adopt rules for the requirements
414-10 for the financial statements required by Subsection (b)(2).
414-11 (V.A.C.S. Arts. 8308-3.56(a) (part), (b), (c), (d), (e).)
414-12 Sec. 407.062. FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS.
414-13 In assessing the financial strength and liquidity of an applicant,
414-14 the commission shall consider:
414-15 (1) the applicant's organizational structure and
414-16 management background;
414-17 (2) the applicant's profit and loss history;
414-18 (3) the applicant's compensation loss history;
414-19 (4) the source and reliability of the financial
414-20 information submitted by the applicant;
414-21 (5) the number of employees affected by
414-22 self-insurance;
414-23 (6) the applicant's access to excess insurance
414-24 markets;
414-25 (7) financial ratios, indexes, or other financial
414-26 measures that the commission finds appropriate; and
414-27 (8) any other information considered appropriate by
415-1 the commission. (V.A.C.S. Art. 8308-3.56(a) (part).)
415-2 Sec. 407.063. PREMIUM REQUIREMENTS. (a) In addition to
415-3 meeting the other certification requirements imposed under this
415-4 chapter, an applicant for an initial certificate of authority to
415-5 self-insure must present evidence satisfactory to the commission of
415-6 a total unmodified workers' compensation insurance premium in this
415-7 state in the calendar year of application of at least $500,000.
415-8 (b) Instead of the state premium required under this
415-9 section, the applicant may present evidence of a total unmodified
415-10 national workers' compensation insurance premium of at least $10
415-11 million.
415-12 (c) Notwithstanding Subsection (a), if the application is
415-13 filed before January 1, 1994, an applicant who presents evidence of
415-14 a total unmodified insurance premium in this state must present
415-15 evidence of a premium of at least $750,000. This subsection
415-16 expires December 31, 1994. (V.A.C.S. Art. 8308-3.57.)
415-17 Sec. 407.064. GENERAL SECURITY REQUIREMENTS. (a) Each
415-18 applicant shall provide security for incurred liabilities for
415-19 compensation through a deposit with the director, in a combination
415-20 and from institutions approved by the director, of the following
415-21 security:
415-22 (1) cash or negotiable securities of the United States
415-23 or of this state;
415-24 (2) a surety bond that names the director as payee; or
415-25 (3) an irrevocable letter of credit that names the
415-26 director as payee.
415-27 (b) If an applicant who has provided a letter of credit as
416-1 all or part of the security required under this section desires to
416-2 cancel the existing letter of credit and substitute a different
416-3 letter of credit or another form of security, the applicant shall
416-4 notify the commission in writing not later than the 60th day before
416-5 the effective date of the cancellation of the original letter of
416-6 credit.
416-7 (c) An estimate of the applicant's incurred liabilities for
416-8 compensation must be signed and sworn to by an accredited casualty
416-9 actuary and submitted with the application.
416-10 (d) The sum of the deposited securities must be at least
416-11 equal to the greater of:
416-12 (1) $300,000; or
416-13 (2) 125 percent of the applicant's incurred
416-14 liabilities for compensation.
416-15 (e) If an applicant is granted a certificate of authority to
416-16 self-insure, any interest or other income that accrues from cash or
416-17 negotiable securities deposited by the applicant as security under
416-18 this section while the cash or securities are on deposit with the
416-19 director shall be paid to the applicant quarterly. (V.A.C.S. Arts.
416-20 8308-3.56(f), (g), (h), (i), (l).)
416-21 Sec. 407.065. SPECIFIC SECURITY REQUIREMENTS. (a) A
416-22 security deposit must include within its coverage all amounts
416-23 covered by terminated surety bonds or terminated excess insurance
416-24 policies.
416-25 (b) A surety bond, irrevocable letter of credit, or document
416-26 indicating issuance of an irrevocable letter of credit must be in a
416-27 form approved by the director and must be issued by an institution
417-1 acceptable to the director. The instrument may be released only
417-2 according to its terms but may not be released by the deposit of
417-3 additional security.
417-4 (c) The certified self-insurer shall deposit the security
417-5 with the state treasurer on behalf of the director. The state
417-6 treasurer may accept securities for deposit or withdrawal only on
417-7 the written order of the director.
417-8 (d) On receipt by the director of a request to renew,
417-9 submit, or increase or decrease a security deposit, a perfected
417-10 security interest is created in the certified self-insurer's assets
417-11 in favor of the director to the extent of any then unsecured
417-12 portion of the self-insurer's incurred liabilities for
417-13 compensation. That perfected security interest transfers to cash
417-14 or securities deposited by the self-insurer with the director after
417-15 the date of the request and may be released only on:
417-16 (1) the acceptance by the director of a surety bond or
417-17 irrevocable letter of credit for the full amount of the incurred
417-18 liabilities for compensation; or
417-19 (2) the return of cash or securities by the director.
417-20 (e) The certified self-insurer loses all right to, title to,
417-21 interest in, and control of the assets or obligations submitted or
417-22 deposited as security. The director may liquidate the deposit and
417-23 apply it to the certified self-insurer's incurred liabilities for
417-24 compensation either directly or through the association.
417-25 (f) If the director determines that a security deposit is
417-26 not immediately available for the payment of compensation, the
417-27 director shall determine the appropriate method of payment and
418-1 claims administration, which may include payment by the surety that
418-2 issued the bond or by the issuer of an irrevocable letter of
418-3 credit, and administration by a surety, an adjusting agency, the
418-4 association, or through any combination of those entities approved
418-5 by the director. (V.A.C.S. Arts. 8308-3.58(a), (b), (c), (d), (e),
418-6 (i).)
418-7 Sec. 407.066. EFFECT OF DISPUTE. (a) The director, after
418-8 notice to the concerned parties and an opportunity for a hearing,
418-9 shall resolve a dispute concerning the deposit, renewal,
418-10 termination, release, or return of all or part of the security,
418-11 liability arising out of the submission or failure to submit
418-12 security, or the adequacy of the security or reasonableness of the
418-13 administrative costs, including legal fees, that arises among:
418-14 (1) a surety;
418-15 (2) an issuer of an agreement of assumption and
418-16 guarantee of workers' compensation liabilities;
418-17 (3) an issuer of a letter of credit;
418-18 (4) a custodian of the security deposit;
418-19 (5) a certified self-insurer; or
418-20 (6) the association.
418-21 (b) A party aggrieved by a decision of the director is
418-22 entitled to judicial review. Venue for an appeal is in Travis
418-23 County.
418-24 (c) Payment of claims from the security deposit or by the
418-25 association may not be stayed pending the resolution of a dispute
418-26 under this section unless the court issues a determination staying
418-27 the payment of claims. (V.A.C.S. Arts. 8308-3.58(f), (g), (h).)
419-1 Sec. 407.067. EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE
419-2 VIOLATION. (a) Each applicant shall obtain excess insurance or
419-3 reinsurance to cover liability for losses not paid by the
419-4 self-insurer in an amount not less than the amount required by the
419-5 director.
419-6 (b) The director shall require excess insurance or
419-7 reinsurance in at least the amount of $5 million per occurrence.
419-8 (c) A certified self-insurer shall notify the director not
419-9 later than the 10th day after the date on which the certified
419-10 self-insurer has notice of the cancellation or termination of
419-11 excess insurance or reinsurance coverage required under this
419-12 section.
419-13 (d) A person commits a violation if the person violates
419-14 Subsection (c). A violation under this subsection is a Class B
419-15 administrative violation. Each day of noncompliance constitutes a
419-16 separate violation. (V.A.C.S. Arts. 8308-3.56(j), 8308-3.69.)
419-17 Sec. 407.068. GUARANTEE BY PARENT ORGANIZATION. If an
419-18 applicant for a certificate of authority to self-insure is a
419-19 subsidiary, the parent organization of the applicant must guarantee
419-20 the obligations imposed by this chapter. (V.A.C.S. Art.
419-21 8308-3.56(k).)
419-22 (Sections 407.069-407.080 reserved for expansion)
419-23 SUBCHAPTER E. POWERS AND DUTIES OF CERTIFIED SELF-INSURER
419-24 Sec. 407.081. ANNUAL REPORT. (a) Each certified
419-25 self-insurer shall file an annual report with the commission. The
419-26 commission shall prescribe the form of the report and shall furnish
419-27 blank forms for the preparation of the report to each certified
420-1 self-insurer.
420-2 (b) The report must:
420-3 (1) include payroll information, in the form
420-4 prescribed by this chapter and the commission;
420-5 (2) state the number of injuries sustained in the
420-6 three preceding calendar years; and
420-7 (3) indicate separately the amount paid during each
420-8 year for income benefits, medical benefits, death benefits, burial
420-9 benefits, and other proper expenses related to worker injuries.
420-10 (c) Each certified self-insurer shall file with the
420-11 commission as part of the annual report annual independent
420-12 financial statements that reflect the financial condition of the
420-13 self-insurer. The commission shall make a financial statement
420-14 filed under this subsection available for public review.
420-15 (d) The commission may require that the report include
420-16 additional financial and statistical information.
420-17 (e) The certified self-insurer shall present evidence in the
420-18 report of sufficient financial ability to meet all obligations
420-19 under this chapter.
420-20 (f) The report must include an estimate of future liability
420-21 for compensation. The estimate must be signed and sworn to by a
420-22 certified casualty actuary every third year, or more frequently if
420-23 required by the commission.
420-24 (g) If the commission considers it necessary, it may order a
420-25 certified self-insurer whose financial condition or claims record
420-26 warrants closer supervision to report as provided by this section
420-27 more often than annually. (V.A.C.S. Art. 8308-3.60.)
421-1 Sec. 407.082. EXAMINATION OF RECORDS; ADMINISTRATIVE
421-2 VIOLATION. (a) Each certified self-insurer shall maintain the
421-3 books, records, and payroll information necessary to compile the
421-4 annual report required under Section 407.081 and any other
421-5 information reasonably required by the commission.
421-6 (b) The certified self-insurer may maintain the books,
421-7 records, and payroll information in locations outside this state.
421-8 (c) The material maintained by the certified self-insurer
421-9 shall be open to examination by an authorized agent or
421-10 representative of the commission at reasonable times to ascertain
421-11 the correctness of the information.
421-12 (d) The examination may be conducted at any location,
421-13 including the commission's Austin offices, or, at the certified
421-14 self-insurer's option, in the offices of the certified
421-15 self-insurer. The certified self-insurer shall pay the reasonable
421-16 expenses, including travel expenses, of an inspector who conducts
421-17 an inspection at its offices.
421-18 (e) An unreasonable refusal on the part of a certified
421-19 self-insurer to make available for inspection the books, records,
421-20 payroll information, or other required information constitutes
421-21 grounds for the revocation of the certificate of authority to
421-22 self-insure and is a Class A administrative violation. Each day of
421-23 noncompliance constitutes a separate violation. (V.A.C.S. Art.
421-24 8308-3.61.)
421-25 Sec. 407.083. PAYMENT OF INSURANCE AGENT'S COMMISSION. This
421-26 chapter does not prohibit a certified self-insurer from paying a
421-27 commission to an insurance agent licensed in this state. (V.A.C.S.
422-1 Art. 8308-3.67.)
422-2 (Sections 407.084-407.100 reserved for expansion)
422-3 SUBCHAPTER F. FINANCING OF SELF-INSURANCE PROGRAM
422-4 Sec. 407.101. FUND. (a) The workers' compensation
422-5 self-insurance fund is a fund in the state treasury. The fund may
422-6 be used only for the regulation of certified self-insurers.
422-7 (b) The commission shall deposit the application fee for a
422-8 certificate of authority to self-insure in the state treasury to
422-9 the credit of the workers' compensation self-insurance fund.
422-10 (c) Any amount remaining in the fund at the end of a fiscal
422-11 year shall be used to reduce the regulatory fee assessed under
422-12 Section 407.102 in the succeeding fiscal year. (V.A.C.S. Arts.
422-13 8308-3.55(a) (part), 8308-3.62(b) (part).)
422-14 Sec. 407.102. REGULATORY FEE. (a) Each certified
422-15 self-insurer shall pay an annual fee to cover the administrative
422-16 costs incurred by the commission in implementing this chapter.
422-17 (b) The commission shall base the fee on the total amount of
422-18 income benefit payments made in the preceding calendar year. The
422-19 commission shall assess each certified self-insurer a pro rata
422-20 share based on the ratio that the total amount of income benefit
422-21 payments made by that certified self-insurer bears to the total
422-22 amount of income benefit payments made by all certified
422-23 self-insurers. (V.A.C.S. Art. 8308-3.62(a).)
422-24 Sec. 407.103. SELF-INSURER MAINTENANCE TAX; EFFECT ON
422-25 GENERAL MAINTENANCE TAX. (a) Each certified self-insurer shall
422-26 pay a self-insurer maintenance tax for the administration of the
422-27 commission. Not more than two percent of the total tax base of all
423-1 certified self-insurers, as computed under Subsection (b), may be
423-2 assessed for a maintenance tax under this section.
423-3 (b) To determine the tax base of a certified self-insurer
423-4 for purposes of this chapter, each certified self-insurer shall
423-5 report its payroll by individual workers' compensation risk code
423-6 classifications in its application for certification and in its
423-7 annual reports to the commission. The commission shall compute the
423-8 estimated manual premium for the certified self-insurer using the
423-9 workers' compensation insurance rates established by the State
423-10 Board of Insurance. The commission shall compute the certified
423-11 self-insurer's tax base by multiplying the estimated manual premium
423-12 by 0.75.
423-13 (c) The tax liability of a certified self-insurer under this
423-14 section is the tax base computed under Subsection (b) multiplied by
423-15 the rate assessed workers' compensation insurance companies under
423-16 Sections 403.002 and 403.003.
423-17 (d) In setting the rate of maintenance tax assessment for
423-18 insurance companies, the commission may not consider revenue or
423-19 expenditures related to the division. (V.A.C.S. Arts.
423-20 8308-3.53(c), 8308-3.63.)
423-21 Sec. 407.104. COLLECTION OF TAXES AND FEES; ADMINISTRATIVE
423-22 VIOLATION. (a) The regulatory fee imposed by Section 407.102 and
423-23 the taxes imposed by Section 407.103 are due on the 60th day after
423-24 the issuance of a certificate of authority to self-insure and on
423-25 the 60th day after each annual renewal date.
423-26 (b) The commission shall compute the fee and taxes of a
423-27 certified self-insurer and notify the certified self-insurer of the
424-1 amounts due. The taxes and fees shall be remitted to the
424-2 commission.
424-3 (c) The regulatory fee imposed under Section 407.102 shall
424-4 be deposited in the state treasury to the credit of the workers'
424-5 compensation self-insurance fund. The self-insurer maintenance tax
424-6 shall be deposited in the state treasury to the credit of the
424-7 commission.
424-8 (d) A certified self-insurer commits a violation if the
424-9 self-insurer does not pay the taxes and fee imposed under Sections
424-10 407.102 and 407.103 in a timely manner. A violation under this
424-11 subsection is a Class B administrative violation. Each day of
424-12 noncompliance constitutes a separate violation.
424-13 (e) If the certificate of authority to self-insure of a
424-14 certified self-insurer is terminated, the insurance commissioner or
424-15 the executive director of the commission shall proceed immediately
424-16 to collect taxes due under this subtitle, using legal process as
424-17 necessary. (V.A.C.S. Arts. 8308-3.62(b) (part), 8308-3.64,
424-18 8308-3.65(b).)
424-19 (Sections 407.105-407.120 reserved for expansion)
424-20 SUBCHAPTER G. TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
424-21 Sec. 407.121. GUARANTY ASSOCIATION. (a) The Texas
424-22 Certified Self-Insurer Guaranty Association provides for the
424-23 payment of workers' compensation insurance benefits for the injured
424-24 employees of an impaired employer.
424-25 (b) Each employer who desires to become a certified
424-26 self-insurer must be a member of the association. (V.A.C.S.
424-27 Art. 8308-3.70(a) (part).)
425-1 Sec. 407.122. BOARD OF DIRECTORS. (a) The members of the
425-2 association shall elect a board of directors.
425-3 (b) The board of directors is composed of the following
425-4 voting members:
425-5 (1) two certified self-insurers;
425-6 (2) one commission member representing wage earners;
425-7 (3) one commission member representing employers;
425-8 (4) the executive director of the commission; and
425-9 (5) the public counsel of the office of public
425-10 insurance counsel.
425-11 (c) The director serves as a nonvoting member of the board
425-12 of directors. (V.A.C.S. Art. 8308-3.70(a) (part).)
425-13 Sec. 407.123. BOARD RULES. (a) The board of directors may
425-14 adopt rules for the operation of the association.
425-15 (b) Rules adopted by the board are subject to the approval
425-16 of the commission. (V.A.C.S. Art. 8308-3.70(a) (part).)
425-17 Sec. 407.124. IMPAIRED EMPLOYER; ASSESSMENTS. (a) On
425-18 determination by the commission that a certified self-insurer has
425-19 become an impaired employer, the director shall secure release of
425-20 the security deposit required by this chapter and shall promptly
425-21 estimate:
425-22 (1) the amount of additional funds needed to
425-23 supplement the security deposit;
425-24 (2) the available assets of the impaired employer for
425-25 the purpose of making payment of all incurred liabilities for
425-26 compensation; and
425-27 (3) the funds maintained by the association for the
426-1 emergency payment of compensation liabilities.
426-2 (b) The director shall advise the board of directors of the
426-3 association of the estimate of necessary additional funds, and the
426-4 board shall promptly assess each certified self-insurer to collect
426-5 the required funds. An assessment against a certified self-insurer
426-6 shall be made in proportion to the ratio that the total paid income
426-7 benefit payment for the preceding reported calendar year for that
426-8 self-insurer bears to the total paid income benefit payment by all
426-9 certified self-insurers, except impaired employers, in this state
426-10 in that calendar year.
426-11 (c) A certified self-insurer designated as an impaired
426-12 employer is exempt from assessments beginning on the date of the
426-13 designation until the commission determines that the employer is no
426-14 longer impaired. (V.A.C.S. Arts. 8308-3.70(d), (e).)
426-15 Sec. 407.125. PAYMENT OF ASSESSMENTS. Each certified
426-16 self-insurer shall pay the amount of its assessment to the
426-17 association not later than the 30th day after the date on which the
426-18 division notifies the self-insurer of the assessment. A delinquent
426-19 assessment may be collected on behalf of the association through
426-20 suit. Venue is in Travis County. (V.A.C.S. Art. 8308-3.70(f).)
426-21 Sec. 407.126. TRUST FUND; FEE. (a) Each member of the
426-22 association shall be assessed a fee, based on total amount of
426-23 income benefits payments made in this state for the preceding
426-24 reported calendar year, to create, over a period of five years
426-25 beginning January 1, 1993, a Texas certified self-insurer guaranty
426-26 trust fund of at least $1 million for the emergency payment of the
426-27 compensation liabilities of an impaired employer. The fund may not
427-1 exceed $2 million.
427-2 (b) The assessment for the first year after an employer is
427-3 issued a certificate of authority to self-insure shall be based on
427-4 the income benefit payments paid by the employer's insurance
427-5 carrier on the employer's policy in the year before the certificate
427-6 was issued.
427-7 (c) The board of directors shall administer the trust fund
427-8 in accordance with rules adopted by the commission. (V.A.C.S.
427-9 Art. 8308-3.70(b).)
427-10 Sec. 407.127. PAYMENT OF BENEFITS THROUGH ASSOCIATION. (a)
427-11 If the commission determines that the payment of benefits and
427-12 claims administration shall be made through the association, the
427-13 association assumes the workers' compensation obligations of the
427-14 impaired employer and shall begin the payment of the obligations
427-15 for which it is liable not later than the 30th day after the date
427-16 of notification by the director.
427-17 (b) The association shall make payments to claimants whose
427-18 entitlement to benefits can be ascertained by the association.
427-19 (V.A.C.S. Art. 8308-3.70(c) (part).)
427-20 Sec. 407.128. POSSESSION OF SECURITY BY ASSOCIATION. On the
427-21 assumption of obligations by the association under the director's
427-22 determination, the association is entitled to immediate possession
427-23 of any deposited security, and the custodian, surety, or issuer of
427-24 an irrevocable letter of credit shall deliver the security to the
427-25 association with any accrued interest. (V.A.C.S. Art. 8308-3.70(c)
427-26 (part).)
427-27 Sec. 407.129. RELEASE OF CLAIM INFORMATION TO ASSOCIATION.
428-1 Information on a workers' compensation claim may be released to the
428-2 association as provided by Section 402.084(a), if the association
428-3 has assumed the obligations of an impaired employer. (V.A.C.S.
428-4 Art. 8308-3.70(l).)
428-5 Sec. 407.130. ASSOCIATION AS PARTY IN INTEREST. (a) The
428-6 association is a party in interest in a proceeding involving a
428-7 workers' compensation claim against an impaired employer whose
428-8 compensation obligations have been paid or assumed by the
428-9 association.
428-10 (b) The association has the same rights and defenses as the
428-11 impaired employer, including the right to:
428-12 (1) appear, defend, or appeal a claim;
428-13 (2) receive notice of, investigate, adjust,
428-14 compromise, settle, or pay a claim; and
428-15 (3) investigate, handle, or deny a claim. (V.A.C.S.
428-16 Art. 8308-3.70(k).)
428-17 Sec. 407.131. PREFERENCE. The benefit payments made by the
428-18 association or the surety under this chapter are entitled to the
428-19 same preference over other debts of the impaired employer or the
428-20 impaired employer's estate as provided by law to benefit payments
428-21 owed by the employer or employer's estate to the person entitled to
428-22 the benefits. (V.A.C.S. Art. 8308-3.70(h).)
428-23 Sec. 407.132. SPECIAL FUND. Funds advanced by the
428-24 association under this subchapter do not become assets of the
428-25 impaired employer but are a special fund advanced to the director,
428-26 trustee in bankruptcy, receiver, or other lawful conservator only
428-27 for the payment of compensation liabilities, including the costs of
429-1 claims administration and legal costs. (V.A.C.S.
429-2 Art. 8308-3.70(g).)
429-3 Sec. 407.133. SUSPENSION OR REVOCATION OF CERTIFICATE FOR
429-4 FAILURE TO PAY ASSESSMENT. (a) The commission, after notice and
429-5 hearing and by majority vote, may suspend or revoke the certificate
429-6 of authority to self-insure of a certified self-insurer who fails
429-7 to pay an assessment. The association promptly shall report such a
429-8 failure to the director.
429-9 (b) A certified self-insurer whose certificate of authority
429-10 to self-insure is revoked or surrendered remains liable for any
429-11 unpaid assessments made against an impaired employer who becomes an
429-12 impaired employer before the date of the revocation or surrender.
429-13 (c) Notwithstanding Section 407.127, the association is not
429-14 liable for the payment of any penalties assessed for any act or
429-15 omission on the part of any person other than the association.
429-16 (V.A.C.S. Arts. 8308-3.70(i), (j).)
429-17 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
429-18 SUBCHAPTER A. GENERAL PROVISIONS
429-19 Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES
429-20 Sec. 408.002. SURVIVAL OF CAUSE OF ACTION
429-21 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS
429-22 Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE
429-23 VIOLATION
429-24 Sec. 408.005. SETTLEMENTS AND AGREEMENTS
429-25 Sec. 408.006. MENTAL TRAUMA INJURIES
429-26 Sec. 408.007. DATE OF INJURY FOR OCCUPATIONAL DISEASE
429-27 Sec. 408.008. COMPENSABILITY OF HEART ATTACKS
430-1 (Sections 408.009-408.020 reserved for expansion)
430-2 SUBCHAPTER B. MEDICAL BENEFITS
430-3 Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS
430-4 Sec. 408.022. SELECTION OF DOCTOR
430-5 Sec. 408.023. LIST OF APPROVED DOCTORS
430-6 Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS
430-7 Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE
430-8 PROVIDERS
430-9 Sec. 408.026. SPINAL SURGERY SECOND OPINION
430-10 Sec. 408.027. PAYMENT OF HEALTH CARE PROVIDER
430-11 Sec. 408.028. PHARMACEUTICAL SERVICES
430-12 (Sections 408.029-408.040 reserved for expansion)
430-13 SUBCHAPTER C. COMPUTATION OF AVERAGE WEEKLY WAGE
430-14 Sec. 408.041. AVERAGE WEEKLY WAGE
430-15 Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE
430-16 Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE
430-17 Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE,
430-18 TRAINEE, OR STUDENT
430-19 Sec. 408.045. NONPECUNIARY WAGES
430-20 Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT
430-21 Sec. 408.047. STATE AVERAGE WEEKLY WAGE
430-22 (Sections 408.048-408.060 reserved for expansion)
430-23 SUBCHAPTER D. COMPUTATION OF BENEFITS
430-24 Sec. 408.061. MAXIMUM WEEKLY BENEFIT
430-25 Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT
430-26 Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION
430-27 Sec. 408.064. INTEREST ON ACCRUED BENEFITS
431-1 (Sections 408.065-408.080 reserved for expansion)
431-2 SUBCHAPTER E. INCOME BENEFITS IN GENERAL
431-3 Sec. 408.081. INCOME BENEFITS
431-4 Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS
431-5 Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME,
431-6 IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME
431-7 BENEFITS
431-8 Sec. 408.084. CONTRIBUTING INJURY
431-9 Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP
431-10 Sec. 408.086. COMMISSION DETERMINATION OF EXTENDED UNEMPLOYMENT
431-11 OR UNDEREMPLOYMENT
431-12 (Sections 408.087-408.100 reserved for expansion)
431-13 SUBCHAPTER F. TEMPORARY INCOME BENEFITS
431-14 Sec. 408.101. TEMPORARY INCOME BENEFITS
431-15 Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS
431-16 Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS
431-17 (Sections 408.104-408.120 reserved for expansion)
431-18 SUBCHAPTER G. IMPAIRMENT INCOME BENEFITS
431-19 Sec. 408.121. IMPAIRMENT INCOME BENEFITS
431-20 Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS
431-21 Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT;
431-22 EVALUATION OF IMPAIRMENT RATING
431-23 Sec. 408.124. IMPAIRMENT RATING GUIDELINES
431-24 Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING
431-25 Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS
431-26 Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS
431-27 Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS
432-1 Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS
432-2 (Sections 408.130-408.140 reserved for expansion)
432-3 SUBCHAPTER H. SUPPLEMENTAL INCOME BENEFITS
432-4 Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS
432-5 Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS
432-6 Sec. 408.143. EMPLOYEE STATEMENT
432-7 Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS
432-8 Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS
432-9 Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS;
432-10 REINITIATION
432-11 Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY
432-12 INSURANCE CARRIER; ATTORNEY'S FEES
432-13 Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION
432-14 Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE
432-15 Sec. 408.150. VOCATIONAL REHABILITATION
432-16 (Sections 408.151-408.160 reserved for expansion)
432-17 SUBCHAPTER I. LIFETIME INCOME BENEFITS
432-18 Sec. 408.161. LIFETIME INCOME BENEFITS
432-19 Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS
432-20 (Sections 408.163-408.180 reserved for expansion)
432-21 SUBCHAPTER J. DEATH AND BURIAL BENEFITS
432-22 Sec. 408.181. DEATH BENEFITS
432-23 Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS
432-24 Sec. 408.183. DURATION OF DEATH BENEFITS
432-25 Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS
432-26 Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S
432-27 FEES
433-1 Sec. 408.186. BURIAL BENEFITS
433-2 Sec. 408.187. AUTOPSY
433-3 (Sections 408.188-408.200 reserved for expansion)
433-4 SUBCHAPTER K. PROTECTION OF RIGHTS TO BENEFITS
433-5 Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS
433-6 Sec. 408.202. ASSIGNABILITY OF BENEFITS
433-7 Sec. 408.203. ALLOWABLE LIENS
433-8 (Sections 408.204-408.220 reserved for expansion)
433-9 SUBCHAPTER L. ATTORNEY'S FEES IN WORKERS' COMPENSATION
433-10 BENEFIT MATTERS
433-11 Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL
433-12 Sec. 408.222. ATTORNEY'S FEES PAID TO DEFENSE COUNSEL
433-13 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
433-14 SUBCHAPTER A. GENERAL PROVISIONS
433-15 Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES. (a)
433-16 Recovery of workers' compensation benefits is the exclusive remedy
433-17 of an employee covered by workers' compensation insurance coverage
433-18 or a legal beneficiary against the employer or an agent or employee
433-19 of the employer for the death of or a work-related injury sustained
433-20 by the employee.
433-21 (b) This section does not prohibit the recovery of exemplary
433-22 damages by the surviving spouse or heirs of the body of a deceased
433-23 employee whose death was caused by an intentional act or omission
433-24 of the employer or by the employer's gross negligence.
433-25 (c) In this section, "gross negligence" has the meaning
433-26 assigned by Section 41.001, Civil Practice and Remedies Code.
433-27 (V.A.C.S. Art. 8308-4.01.)
434-1 Sec. 408.002. SURVIVAL OF CAUSE OF ACTION. A right of
434-2 action survives in a case based on a compensable injury that
434-3 results in the employee's death. (V.A.C.S. Art. 8308-4.03.)
434-4 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS. (a) After an
434-5 injury, an employer may:
434-6 (1) initiate benefit payments, including medical
434-7 benefits; or
434-8 (2) on the written request or agreement of the
434-9 employee, supplement income benefits paid by the insurance carrier
434-10 by an amount that does not exceed the amount computed by
434-11 subtracting the amount of the income benefit payments from the
434-12 employee's net preinjury wages.
434-13 (b) If an injury is found to be compensable and an insurance
434-14 carrier initiates compensation, the insurance carrier shall
434-15 reimburse the employer for the amount of benefits paid by the
434-16 employer to which the employee was entitled under this subtitle.
434-17 Payments that are not reimbursed or reimbursable under this section
434-18 may be reimbursed under Section 408.127.
434-19 (c) The employer shall notify the commission and the
434-20 insurance carrier on forms prescribed by the commission of the
434-21 initiation of and amount of payments made under this section.
434-22 (d) Employer payments made under this section:
434-23 (1) may not be construed as an admission of
434-24 compensability; and
434-25 (2) do not affect the payment of benefits from another
434-26 source.
434-27 (e) If an employer does not notify the commission of the
435-1 injury in compliance with Section 409.005, the employer waives the
435-2 right to reimbursement under this section. (V.A.C.S. Arts.
435-3 8308-4.06(a), (b), (c), (d), (f).)
435-4 Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE
435-5 VIOLATION. (a) The commission may require an employee to submit
435-6 to medical examinations to resolve any question about:
435-7 (1) the appropriateness of the health care received by
435-8 the employee;
435-9 (2) the impairment caused by the compensable injury;
435-10 (3) the attainment of maximum medical improvement; or
435-11 (4) similar issues.
435-12 (b) The commission may require an employee to submit to a
435-13 medical examination at the request of the insurance carrier, but
435-14 only after the insurance carrier has attempted and failed to
435-15 receive the permission and concurrence of the employee for the
435-16 examination. The insurance carrier is entitled to the examination
435-17 only once in a 180-day period. A subsequent examination must be
435-18 performed by the same doctor unless otherwise approved by the
435-19 commission.
435-20 (c) The insurance carrier shall pay for:
435-21 (1) an examination required under Subsection (a) or
435-22 (b); and
435-23 (2) the reasonable expense incident to the employee in
435-24 submitting to the examination.
435-25 (d) An injured employee is entitled to have a doctor of the
435-26 employee's choice present at an examination required by the
435-27 commission at the request of an insurance carrier. The insurance
436-1 carrier shall pay a fee set by the commission to the doctor
436-2 selected by the employee.
436-3 (e) If the report of a doctor selected by an insurance
436-4 carrier indicates that the employee can return to work immediately,
436-5 the commission shall schedule a benefit review conference on the
436-6 next available docket. The insurance carrier may not suspend
436-7 medical or income benefit payments pending the benefit review
436-8 conference.
436-9 (f) An employee who, without good cause, fails or refuses to
436-10 appear at the time scheduled for an examination under Subsection
436-11 (a) or (b) commits a violation. A violation under this subsection
436-12 is a Class D administrative violation. (V.A.C.S. Art. 8308-4.16.)
436-13 Sec. 408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement
436-14 may not provide for payment of benefits in a lump sum except as
436-15 provided by Section 408.128.
436-16 (b) An employee's right to medical benefits as provided by
436-17 Section 408.021 may not be limited or terminated.
436-18 (c) A settlement or agreement resolving an issue of
436-19 impairment:
436-20 (1) may not be made before the employee reaches
436-21 maximum medical improvement; and
436-22 (2) must adopt an impairment rating using the
436-23 impairment rating guidelines described by Section 408.124.
436-24 (d) A settlement must be signed by the director of the
436-25 division of hearings and all parties to the dispute.
436-26 (e) The director of the division of hearings shall approve a
436-27 settlement if the director is satisfied that:
437-1 (1) the settlement accurately reflects the agreement
437-2 between the parties;
437-3 (2) the settlement reflects adherence to all
437-4 appropriate provisions of law and the policies of the commission;
437-5 and
437-6 (3) under the law and facts, the settlement is in the
437-7 best interest of the claimant.
437-8 (f) A settlement that is not approved or rejected before the
437-9 16th day after the date the settlement is submitted to the director
437-10 of the division of hearings is considered to be approved by the
437-11 director on that date.
437-12 (g) A settlement takes effect on the date it is approved by
437-13 the director of the division of hearings.
437-14 (h) A party to a settlement may withdraw acceptance of the
437-15 settlement at any time before its effective date. (V.A.C.S. Art.
437-16 8308-4.33.)
437-17 Sec. 408.006. MENTAL TRAUMA INJURIES. (a) It is the
437-18 express intent of the legislature that nothing in this subtitle
437-19 shall be construed to limit or expand recovery in cases of mental
437-20 trauma injuries.
437-21 (b) A mental or emotional injury that arises principally
437-22 from a legitimate personnel action, including a transfer,
437-23 promotion, demotion, or termination, is not a compensable injury
437-24 under this subtitle. (V.A.C.S. Art. 8308-4.02.)
437-25 Sec. 408.007. Date of Injury for Occupational Disease. For
437-26 purposes of this subtitle, the date of injury for an occupational
437-27 disease is the date on which the employee knew or should have known
438-1 that the disease may be related to the employment. (V.A.C.S.
438-2 Art. 8308-4.14.)
438-3 Sec. 408.008. Compensability of Heart Attacks. A heart
438-4 attack is a compensable injury under this subtitle only if:
438-5 (1) the attack can be identified as:
438-6 (A) occurring at a definite time and place; and
438-7 (B) caused by a specific event occurring in the
438-8 course and scope of the employee's employment;
438-9 (2) the preponderance of the medical evidence
438-10 regarding the attack indicates that the employee's work rather than
438-11 the natural progression of a preexisting heart condition or disease
438-12 was a substantial contributing factor of the attack; and
438-13 (3) the attack was not triggered solely by emotional
438-14 or mental stress factors, unless it was precipitated by a sudden
438-15 stimulus. (V.A.C.S. Art. 8308-4.15.)
438-16 (Sections 408.009-408.020 reserved for expansion)
438-17 SUBCHAPTER B. MEDICAL BENEFITS
438-18 Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS. (a) An
438-19 employee who sustains a compensable injury is entitled to all
438-20 health care reasonably required by the nature of the injury as and
438-21 when needed. The employee is specifically entitled to health care
438-22 that:
438-23 (1) cures or relieves the effects naturally resulting
438-24 from the compensable injury;
438-25 (2) promotes recovery; or
438-26 (3) enhances the ability of the employee to return to
438-27 or retain employment.
439-1 (b) Medical benefits are payable from the date of the
439-2 compensable injury.
439-3 (c) Except in an emergency, all health care must be approved
439-4 or recommended by the employee's treating doctor.
439-5 (d) An insurance carrier's liability for medical benefits
439-6 may not be limited or terminated by agreement or settlement.
439-7 (V.A.C.S. Art. 8308-4.61.)
439-8 Sec. 408.022. SELECTION OF DOCTOR. (a) Except in an
439-9 emergency, the commission shall require an employee to receive
439-10 medical treatment from a doctor chosen from a list of doctors
439-11 approved by the commission. A doctor may perform only those
439-12 procedures that are within the scope of the practice for which the
439-13 doctor is licensed. The employee is entitled to the employee's
439-14 initial choice of a doctor from the commission's list.
439-15 (b) If an employee is dissatisfied with the initial choice
439-16 of a doctor from the commission's list, the employee may notify the
439-17 commission and request authority to select an alternate doctor.
439-18 The notification must be in writing stating the reasons for the
439-19 change, except notification may be by telephone when a medical
439-20 necessity exists for immediate change.
439-21 (c) The commission shall prescribe criteria to be used by
439-22 the commission in granting the employee authority to select an
439-23 alternate doctor. The criteria may include:
439-24 (1) whether treatment by the current doctor is
439-25 medically inappropriate;
439-26 (2) the professional reputation of the doctor;
439-27 (3) whether the employee is receiving appropriate
440-1 medical care to reach maximum medical improvement; and
440-2 (4) whether a conflict exists between the employee and
440-3 the doctor to the extent that the doctor-patient relationship is
440-4 jeopardized or impaired.
440-5 (d) A change of doctor may not be made to secure a new
440-6 impairment rating or medical report.
440-7 (e) For purposes of this section, the following is not a
440-8 selection of an alternate doctor:
440-9 (1) a referral made by the doctor chosen by the
440-10 employee if the referral is medically reasonable and necessary;
440-11 (2) the receipt of services ancillary to surgery;
440-12 (3) the obtaining of a second or subsequent opinion
440-13 only on the appropriateness of the diagnosis or treatment;
440-14 (4) the selection of a doctor because the original
440-15 doctor:
440-16 (A) dies;
440-17 (B) retires; or
440-18 (C) becomes unavailable or unable to provide
440-19 medical care to the employee; or
440-20 (5) a change of doctors required because of a change
440-21 of residence by the employee. (V.A.C.S. Arts. 8308-1.03(17)
440-22 (part), 8308-4.63(b), (c), (d), (e), 8308-4.64.)
440-23 Sec. 408.023. LIST OF APPROVED DOCTORS. (a) Each doctor
440-24 licensed in this state on January 1, 1993, is on the commission's
440-25 list of approved doctors unless subsequently deleted and not
440-26 reinstated. The name of a doctor shall be placed on the list of
440-27 approved doctors when that doctor becomes licensed in this state.
441-1 A doctor not licensed in this state but licensed in another state
441-2 or jurisdiction who treats employees may apply to the commission to
441-3 be included on the list.
441-4 (b) The commission shall establish criteria for deleting a
441-5 doctor from the list of approved doctors. The criteria may include
441-6 anything the commission considers relevant, including:
441-7 (1) sanctions of the doctor by the commission for
441-8 violations of Chapter 415;
441-9 (2) sanctions by the Medicare or Medicaid program for:
441-10 (A) substandard medical care;
441-11 (B) overcharging; or
441-12 (C) overutilization of medical services;
441-13 (3) evidence from the commission's medical records
441-14 that the doctor's charges, fees, diagnoses, or treatments are
441-15 substantially different from those the commission finds to be fair
441-16 and reasonable; and
441-17 (4) suspension of the doctor's license by the
441-18 appropriate licensing authority.
441-19 (c) The commission shall establish procedures for a doctor
441-20 to apply for reinstatement to the list. (V.A.C.S. Arts.
441-21 8308-4.63(f), (g), (h).)
441-22 Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS.
441-23 Except as otherwise provided, and after notice and an opportunity
441-24 for hearing, the commission may relieve an insurance carrier of
441-25 liability for health care that is furnished by a health care
441-26 provider or another person selected in a manner inconsistent with
441-27 the requirements of this subchapter. (V.A.C.S. Art. 8308-4.65.)
442-1 Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE
442-2 PROVIDERS. (a) The commission by rule shall adopt requirements
442-3 for reports and records that are required to be filed with the
442-4 commission or provided to the injured employee, the employee's
442-5 attorney, or the insurance carrier by a health care provider.
442-6 (b) The commission by rule shall adopt requirements for
442-7 reports and records that are to be made available by a health care
442-8 provider to another health care provider to prevent unnecessary
442-9 duplication of tests and examinations.
442-10 (c) The treating doctor is responsible for maintaining
442-11 efficient utilization of health care.
442-12 (d) On the request of an injured employee, the employee's
442-13 attorney, or the insurance carrier, a health care facility shall
442-14 furnish records relating to treatment or hospitalization for which
442-15 compensation is being sought. The commission may regulate the
442-16 charge for furnishing a report or record, but the charge may not be
442-17 less than the fair and reasonable charge for furnishing the report
442-18 or record. A health care facility may disclose to the insurance
442-19 carrier of an affected employer records relating to the diagnosis
442-20 or treatment of the injured employee without the authorization of
442-21 the injured employee to determine the amount of payment or the
442-22 entitlement to payment. (V.A.C.S. Art. 8308-4.66.)
442-23 Sec. 408.026. SPINAL SURGERY SECOND OPINION. (a) Except in
442-24 a medical emergency, an insurance carrier is liable for medical
442-25 costs related to spinal surgery only if:
442-26 (1) before surgery, the employee obtains from a doctor
442-27 approved by the insurance carrier or the commission a second
443-1 opinion that concurs with the treating doctor's recommendation;
443-2 (2) the insurance carrier waives the right to an
443-3 examination or fails to request an examination before the 15th day
443-4 after the date of the notification that surgery is recommended; or
443-5 (3) the commission determines that extenuating
443-6 circumstances exist and orders payment for surgery.
443-7 (b) The commission shall adopt rules necessary to ensure
443-8 that an examination required under this section is performed
443-9 without undue delay. (V.A.C.S. Art. 8308-4.67.)
443-10 Sec. 408.027. Payment of Health Care Provider. (a) An
443-11 insurance carrier shall pay the fee charged for a service rendered
443-12 by a health care provider not later than the 45th day after the
443-13 date the insurance carrier receives the charge unless the amount of
443-14 the payment or the entitlement to payment is disputed.
443-15 (b) If an insurance carrier disputes the amount charged by a
443-16 health care provider and requests an audit of the services
443-17 rendered, the insurance carrier shall pay 50 percent of the amount
443-18 charged by the health care provider not later than the 45th day
443-19 after the date the insurance carrier receives the statement of
443-20 charge.
443-21 (c) If an insurance carrier denies liability or the health
443-22 care provider's entitlement to payment and an accident or health
443-23 insurance company provides benefits to the employee for medical or
443-24 other health care services, the right to recover that amount may be
443-25 assigned by the employee to the accident or health insurance
443-26 company.
443-27 (d) If an insurance carrier disputes the amount of payment
444-1 or the health care provider's entitlement to payment, the insurance
444-2 carrier shall send to the commission, the health care provider, and
444-3 the injured employee a report that sufficiently explains the
444-4 reasons for the reduction or denial of payment for health care
444-5 services provided to the employee. The insurance carrier is
444-6 entitled to a hearing as provided by Section 413.031(d). (V.A.C.S.
444-7 Art. 8308-4.68.)
444-8 Sec. 408.028. Pharmaceutical Services. (a) A health care
444-9 practitioner providing care to an employee under this subchapter
444-10 shall prescribe for the employee any necessary prescription drugs
444-11 in accordance with applicable state law.
444-12 (b) An insurance carrier may not require an employee to use
444-13 pharmaceutical services designated by the carrier. (V.A.C.S.
444-14 Art. 8308-4.69.)
444-15 (Sections 408.029-408.040 reserved for expansion)
444-16 SUBCHAPTER C. COMPUTATION OF AVERAGE WEEKLY WAGE
444-17 Sec. 408.041. AVERAGE WEEKLY WAGE. (a) Except as otherwise
444-18 provided by this subtitle, the average weekly wage of an employee
444-19 who has worked for the employer for at least the 13 consecutive
444-20 weeks immediately preceding an injury is computed by dividing the
444-21 sum of the wages paid in the 13 consecutive weeks immediately
444-22 preceding the date of the injury by 13.
444-23 (b) The average weekly wage of an employee whose wage at the
444-24 time of injury has not been fixed or cannot be determined or who
444-25 has worked for the employer for less than the 13 weeks immediately
444-26 preceding the injury equals:
444-27 (1) the usual wage that the employer pays a similar
445-1 employee for similar services; or
445-2 (2) if a similar employee does not exist, the usual
445-3 wage paid in that vicinity for the same or similar services
445-4 provided for remuneration.
445-5 (c) If Subsection (a) or (b) cannot reasonably be applied
445-6 because the employee's employment has been irregular or because the
445-7 employee has lost time from work during the 13-week period
445-8 immediately preceding the injury because of illness, weather, or
445-9 another cause beyond the control of the employee, the commission
445-10 may determine the employee's average weekly wage by any method that
445-11 the commission considers fair, just, and reasonable to all parties
445-12 and consistent with the methods established under this section.
445-13 (V.A.C.S. Arts. 8308-4.10(a), (b), (g).)
445-14 Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE.
445-15 (a) The average weekly wage of a part-time employee who limits the
445-16 employee's work to less than full-time hours or a full-time
445-17 workweek as a regular course of that employee's conduct is computed
445-18 as provided by Section 408.041.
445-19 (b) For part-time employees not covered by Subsection (a),
445-20 the average weekly wage:
445-21 (1) for determining temporary income benefits is
445-22 computed as provided by Section 408.041; and
445-23 (2) for determining impairment income benefits,
445-24 supplemental income benefits, lifetime income benefits, and death
445-25 benefits is computed as follows:
445-26 (A) if the employee has worked for the employer
445-27 for at least the 13 weeks immediately preceding the date of the
446-1 injury, the average weekly wage is computed by dividing the sum of
446-2 the wages paid in the 13 consecutive weeks immediately preceding
446-3 the date of the injury by 13 and adjusting that amount to the
446-4 weekly wage level the employee would have attained by working a
446-5 full-time workweek at the same rate of pay; or
446-6 (B) if the employee has worked for the employer
446-7 for less than 13 weeks immediately preceding the date of the
446-8 injury, the average weekly wage is equal to:
446-9 (i) the weekly wage that the employer pays
446-10 a similar employee for similar services in full-time employment; or
446-11 (ii) if a similar employee does not exist,
446-12 the usual wage paid in that vicinity for the same or similar
446-13 services provided for compensation in full-time employment.
446-14 (c) In this section, "part-time employee" means an employee
446-15 who, at the time of the injury, was working less than the full-time
446-16 hours or full-time workweek of similar employees in the same
446-17 employment, whether for the same or a different employer.
446-18 (V.A.C.S. Art. 8308-4.10(c).)
446-19 Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE.
446-20 (a) For determining the amount of temporary income benefits of a
446-21 seasonal employee, the average weekly wage of the employee is
446-22 computed as provided by Section 408.041 and is adjusted as often as
446-23 necessary to reflect the wages the employee could reasonably have
446-24 expected to earn during the period that temporary income benefits
446-25 are paid.
446-26 (b) For determining the amount of impairment income
446-27 benefits, supplemental income benefits, lifetime income benefits,
447-1 or death benefits of a seasonal employee, the average weekly wage
447-2 of the employee is computed by dividing the amount of total wages
447-3 earned by the employee during the 12 months immediately preceding
447-4 the date of the injury by 50.
447-5 (c) If, for good reason, the commission determines that
447-6 computing the average weekly wage for a seasonal employee as
447-7 provided by this section is impractical, the commission shall
447-8 compute the average weekly wage as of the time of the injury in a
447-9 manner that is fair and just to both parties.
447-10 (d) In this section, "seasonal employee" means an employee
447-11 who, as a regular course of the employee's conduct, engages in
447-12 seasonal or cyclical employment that does not continue throughout
447-13 the entire year. (V.A.C.S. Art. 8308-4.10(d).)
447-14 Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE,
447-15 TRAINEE, OR STUDENT. (a) For computing impairment income
447-16 benefits, supplemental income benefits, lifetime income benefits,
447-17 or death benefits, the average weekly wage of an employee shall be
447-18 adjusted to reflect the level of expected wages during the period
447-19 that the benefits are payable if:
447-20 (1) the employee is a minor, apprentice, trainee, or
447-21 student at the time of the injury;
447-22 (2) the employee's employment or earnings at the time
447-23 of the injury are limited primarily because of apprenticeship,
447-24 continuing formal training, or education intended to enhance the
447-25 employee's future wages; and
447-26 (3) the employee's wages would reasonably be expected
447-27 to change because of a change of employment during that period.
448-1 (b) An adjustment under Subsection (a) may not consider
448-2 expected wage levels for a period occurring after the third
448-3 anniversary of the date of the injury. (V.A.C.S. Art.
448-4 8308-4.10(e).)
448-5 Sec. 408.045. NONPECUNIARY WAGES. The commission may not
448-6 include nonpecuniary wages in computing an employee's average
448-7 weekly wage during a period in which the employer continues to
448-8 provide the nonpecuniary wages. (V.A.C.S. Art. 8308-4.10(i).)
448-9 Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT.
448-10 For purposes of this subchapter and Subchapter D, the determination
448-11 as to whether employees, services, or employment are the same or
448-12 similar must include consideration of:
448-13 (1) the training and experience of the employees;
448-14 (2) the nature of the work; and
448-15 (3) the number of hours normally worked. (V.A.C.S.
448-16 Art. 8308-4.10(h).)
448-17 Sec. 408.047. STATE AVERAGE WEEKLY WAGE. The state average
448-18 weekly wage equals the annual average of the average weekly wage of
448-19 manufacturing production workers in this state, as determined by
448-20 the Texas Employment Commission. (V.A.C.S. Art. 8308-4.11(b).)
448-21 (Sections 408.048-408.060 reserved for expansion)
448-22 SUBCHAPTER D. COMPUTATION OF BENEFITS
448-23 Sec. 408.061. MAXIMUM WEEKLY BENEFIT. (a) A weekly
448-24 temporary income benefit may not exceed 100 percent of the state
448-25 average weekly wage under Section 408.047 rounded to the nearest
448-26 whole dollar.
448-27 (b) A weekly impairment income benefit may not exceed 70
449-1 percent of the state average weekly wage rounded to the nearest
449-2 whole dollar.
449-3 (c) A weekly supplemental income benefit may not exceed 70
449-4 percent of the state average weekly wage rounded to the nearest
449-5 whole dollar.
449-6 (d) A weekly death benefit may not exceed 100 percent of the
449-7 state average weekly wage rounded to the nearest whole dollar.
449-8 (e) A weekly lifetime income benefit may not exceed 100
449-9 percent of the state average weekly wage rounded to the nearest
449-10 whole dollar.
449-11 (f) The commission shall compute the maximum weekly income
449-12 benefits for each state fiscal year not later than September 1 of
449-13 each year.
449-14 (g) The maximum weekly income benefit in effect on the date
449-15 of injury is applicable for the entire time that the benefit is
449-16 payable. (V.A.C.S. Arts. 8308-4.11(a), (c), (d).)
449-17 Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT. (a) The
449-18 minimum weekly income benefit is 15 percent of the state average
449-19 weekly wage as determined under Section 408.047, rounded to the
449-20 nearest whole dollar.
449-21 (b) The commission shall compute the minimum weekly income
449-22 benefit for each state fiscal year not later than September 1 of
449-23 each year.
449-24 (c) The minimum weekly income benefit in effect on the date
449-25 of injury is applicable for the entire time that income benefits
449-26 are payable. (V.A.C.S. Art. 8308-4.12.)
449-27 Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION.
450-1 (a) To expedite the payment of income benefits, the commission may
450-2 by rule establish reasonable presumptions relating to the wages
450-3 earned by an employee, including the presumption that an employee's
450-4 last paycheck accurately reflects the employee's usual wage.
450-5 (b) Not later than the 30th day after the date the employer
450-6 receives notice of an injury to the employee, the employer shall
450-7 file a wage statement showing the amount of all wages paid to the
450-8 employee.
450-9 (c) An employer who fails to file a wage statement in
450-10 accordance with Subsection (b) commits a violation. A violation
450-11 under this subsection is a Class D administrative violation.
450-12 (V.A.C.S. Art. 8308-4.10(f).)
450-13 Sec. 408.064. INTEREST ON ACCRUED BENEFITS. (a) An order
450-14 to pay income or death benefits accrued but unpaid must include
450-15 interest on the amount of compensation due at the rate provided by
450-16 Section 401.023.
450-17 (b) Accrued but unpaid compensation and interest shall be
450-18 paid in a lump sum. (V.A.C.S. Art. 8308-4.13.)
450-19 (Sections 408.065-408.080 reserved for expansion)
450-20 SUBCHAPTER E. INCOME BENEFITS IN GENERAL
450-21 Sec. 408.081. INCOME BENEFITS. (a) An employee is entitled
450-22 to income benefits as provided in this chapter.
450-23 (b) Except as otherwise provided by this subtitle, income
450-24 benefits shall be paid weekly as and when they accrue without order
450-25 from the commission.
450-26 (c) An employee's entitlement to income benefits under this
450-27 chapter terminates on the death of the employee. An interest in
451-1 future income benefits does not survive after the employee's death.
451-2 (V.A.C.S. Art. 8308-4.21.)
451-3 Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a)
451-4 Income benefits may not be paid under this subtitle for an injury
451-5 that does not result in disability for at least one week.
451-6 (b) If the disability continues for longer than one week,
451-7 weekly income benefits begin to accrue on the eighth day after the
451-8 date of the injury. If the disability does not begin at once after
451-9 the injury occurs or within eight days of the occurrence but does
451-10 result subsequently, weekly income benefits accrue on the eighth
451-11 day after the date on which the disability began.
451-12 (c) If the disability continues for four weeks or longer
451-13 after the date it begins, compensation shall be computed from the
451-14 date the disability begins.
451-15 (d) This section does not preclude the recovery of medical
451-16 benefits as provided by Subchapter B. (V.A.C.S. Art. 8308-4.22.)
451-17 Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME,
451-18 IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME BENEFITS. An employee's
451-19 eligibility for temporary income benefits, impairment income
451-20 benefits, and supplemental income benefits terminates on the
451-21 expiration of 401 weeks after the date of injury. (V.A.C.S. Art.
451-22 8308-4.29.)
451-23 Sec. 408.084. CONTRIBUTING INJURY. (a) At the request of
451-24 the insurance carrier, the commission may order that impairment
451-25 income benefits and supplemental income benefits be reduced in a
451-26 proportion equal to the proportion of a documented impairment that
451-27 resulted from earlier compensable injuries.
452-1 (b) The commission shall consider the cumulative impact of
452-2 the compensable injuries on the employee's overall impairment in
452-3 determining a reduction under this section.
452-4 (c) If the combination of the compensable injuries results
452-5 in an injury compensable under Section 408.161, the benefits for
452-6 that injury shall be paid as provided by Section 408.162.
452-7 (V.A.C.S. Art. 8308-4.30.)
452-8 Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP. (a) If
452-9 there is a likelihood that income benefits will be paid, the
452-10 commission may grant an employee suffering financial hardship
452-11 advances as provided by this subtitle against the amount of income
452-12 benefits to which the employee may be entitled. An advance may be
452-13 ordered before or after the employee attains maximum medical
452-14 improvement. An insurance carrier shall pay the advance ordered.
452-15 (b) An employee must apply to the commission for an advance
452-16 on a form prescribed by the commission. The application must
452-17 describe the hardship that is the grounds for the advance.
452-18 (c) An advance under this section may not exceed an amount
452-19 equal to four times the maximum weekly benefit for temporary income
452-20 benefits as computed in Section 408.061. The commission may not
452-21 grant more than three advances to a particular employee based on
452-22 the same injury.
452-23 (d) The commission may not grant an advance to an employee
452-24 who is receiving, on the date of the application under Subsection
452-25 (b), at least 90 percent of the employee's net preinjury wages
452-26 under Section 408.003 or 408.129. (V.A.C.S. Art. 8308-4.32.)
452-27 Sec. 408.086. COMMISSION DETERMINATION OF EXTENDED
453-1 UNEMPLOYMENT OR UNDEREMPLOYMENT. (a) During the period that
453-2 impairment income benefits or supplemental income benefits are
453-3 being paid to an employee, the commission shall determine at least
453-4 annually whether any extended unemployment or underemployment is a
453-5 direct result of the employee's impairment.
453-6 (b) To make this determination, the commission may require
453-7 periodic reports from the employee and the insurance carrier and,
453-8 at the insurance carrier's expense, may require physical or other
453-9 examinations, vocational assessments, or other tests or diagnoses
453-10 necessary to perform its duty under this section and Subchapter H.
453-11 (V.A.C.S. Art. 8308-4.28(h).)
453-12 (Sections 408.087-408.100 reserved for expansion)
453-13 SUBCHAPTER F. TEMPORARY INCOME BENEFITS
453-14 Sec. 408.101. TEMPORARY INCOME BENEFITS. (a) An employee
453-15 is entitled to temporary income benefits if the employee has a
453-16 disability and has not attained maximum medical improvement.
453-17 (b) On the initiation of compensation as provided by Section
453-18 409.021, the insurance carrier shall pay temporary income benefits
453-19 as provided by this subchapter. (V.A.C.S. Art. 8308-4.23(a)
453-20 (part).)
453-21 Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS. (a)
453-22 Temporary income benefits continue until the employee reaches
453-23 maximum medical improvement.
453-24 (b) The commission by rule shall establish a presumption
453-25 that maximum medical improvement has been reached based on a lack
453-26 of medical improvement in the employee's condition. (V.A.C.S.
453-27 Arts. 8308-4.23(b), (g).)
454-1 Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS. (a)
454-2 Subject to Sections 408.061 and 408.062, the amount of a temporary
454-3 income benefit is equal to:
454-4 (1) 70 percent of the amount computed by subtracting
454-5 the employee's weekly earnings after the injury from the employee's
454-6 average weekly wage; or
454-7 (2) for the first 26 weeks, 75 percent of the amount
454-8 computed by subtracting the employee's weekly earnings after the
454-9 injury from the employee's average weekly wage if the employee
454-10 earns less than $8.50 an hour.
454-11 (b) A temporary income benefit under Subsection (a)(2) may
454-12 not exceed the employee's actual earnings for the previous year.
454-13 It is presumed that the employee's actual earnings for the previous
454-14 year are equal to:
454-15 (1) the sum of the employee's wages as reported in the
454-16 most recent four quarterly wage reports to the Texas Employment
454-17 Commission divided by 52;
454-18 (2) the employee's wages in the single quarter of the
454-19 most recent four quarters in which the employee's earnings were
454-20 highest, divided by 13, if the commission finds that the employee's
454-21 most recent four quarters' earnings reported in the Texas
454-22 Employment Commission wage reports are not representative of the
454-23 employee's usual earnings; or
454-24 (3) the amount the commission determines from other
454-25 credible evidence to be the actual earnings for the previous year
454-26 if the Texas Employment Commission does not have a wage report
454-27 reflecting at least one quarter's earnings because the employee
455-1 worked outside the state during the previous year.
455-2 (c) A presumption under Subsection (b) may be rebutted by
455-3 other credible evidence of the employee's actual earnings.
455-4 (d) The Texas Employment Commission shall provide
455-5 information required under this section in the manner most
455-6 efficient for transferring the information.
455-7 (e) For purposes of Subsection (a), if an employee is
455-8 offered a bona fide position of employment that the employee is
455-9 reasonably capable of performing, given the physical condition of
455-10 the employee and the geographic accessibility of the position to
455-11 the employee, the employee's weekly earnings after the injury are
455-12 equal to the weekly wage for the position offered to the employee.
455-13 (V.A.C.S. Arts. 8308-4.23(c), (d), (e), (f).)
455-14 (Sections 408.104-408.120 reserved for expansion)
455-15 SUBCHAPTER G. IMPAIRMENT INCOME BENEFITS
455-16 Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An
455-17 employee's entitlement to impairment income benefits begins on the
455-18 day after the date the employee reaches maximum medical improvement
455-19 and ends on the earlier of:
455-20 (1) the date of expiration of a period computed at the
455-21 rate of three weeks for each percentage point of impairment; or
455-22 (2) the date of the employee's death.
455-23 (b) The insurance carrier shall begin to pay impairment
455-24 income benefits not later than the fifth day after the date on
455-25 which the insurance carrier receives the doctor's report certifying
455-26 maximum medical improvement. Impairment income benefits shall be
455-27 paid for a period based on the impairment rating, unless that
456-1 rating is disputed under Subsection (c).
456-2 (c) If the insurance carrier disputes the impairment rating
456-3 used under Subsection (a), the carrier shall pay the employee
456-4 impairment income benefits for a period based on the carrier's
456-5 reasonable assessment of the correct rating. (V.A.C.S. Arts.
456-6 8308-4.26(c), (e), (f).)
456-7 Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS.
456-8 (a) A claimant may not recover impairment income benefits unless
456-9 evidence of impairment based on an objective clinical or laboratory
456-10 finding exists. If the finding of impairment is made by a doctor
456-11 chosen by the claimant and the finding is contested, a designated
456-12 doctor or a doctor selected by the insurance carrier must be able
456-13 to confirm the objective clinical or laboratory finding on which
456-14 the finding of impairment is based.
456-15 (b) If a dispute exists as to whether the employee has
456-16 reached maximum medical improvement, the commission shall direct
456-17 the employee to be examined by a designated doctor chosen by mutual
456-18 agreement of the parties. If the parties are unable to agree on a
456-19 designated doctor, the commission shall direct the employee to be
456-20 examined by a designated doctor chosen by the commission. The
456-21 designated doctor shall report to the commission. The report of
456-22 the designated doctor has presumptive weight, and the commission
456-23 shall base its determination of whether the employee has reached
456-24 maximum medical improvement on the report unless the great weight
456-25 of the other medical evidence is to the contrary. (V.A.C.S. Art.
456-26 8308-4.25.)
456-27 Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT;
457-1 EVALUATION OF IMPAIRMENT RATING. (a) After an employee has been
457-2 certified by a doctor as having reached maximum medical
457-3 improvement, the certifying doctor shall evaluate the condition of
457-4 the employee and assign an impairment rating using the impairment
457-5 rating guidelines described by Section 408.124. If the
457-6 certification and evaluation are performed by a doctor other than
457-7 the employee's treating doctor, the certification and evaluation
457-8 shall be submitted to the treating doctor, and the treating doctor
457-9 shall indicate agreement or disagreement with the certification and
457-10 evaluation.
457-11 (b) A certifying doctor shall issue a written report
457-12 certifying that maximum medical improvement has been reached,
457-13 stating the employee's impairment rating, and providing any other
457-14 information required by the commission to:
457-15 (1) the commission;
457-16 (2) the employee; and
457-17 (3) the insurance carrier.
457-18 (c) If an employee is not certified as having reached
457-19 maximum medical improvement before the expiration of 102 weeks
457-20 after the date income benefits begin to accrue, the commission
457-21 shall notify the treating doctor of the requirements of this
457-22 subchapter. (V.A.C.S. Art. 8308-4.26(d).)
457-23 Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award
457-24 of an impairment income benefit, whether by the commission or a
457-25 court, shall be made on an impairment rating determined using the
457-26 impairment rating guidelines described in this section.
457-27 (b) The commission shall use for determining the existence
458-1 and degree of an employee's impairment "Guides to the Evaluation of
458-2 Permanent Impairment," third edition, second printing, dated
458-3 February 1989, published by the American Medical Association.
458-4 (V.A.C.S. Arts. 8308-4.24, 8308-4.26(a).)
458-5 Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING. (a) If an
458-6 impairment rating is disputed, the commission shall direct the
458-7 employee to be examined by a designated doctor chosen by mutual
458-8 agreement of the parties.
458-9 (b) If the parties are unable to agree on a designated
458-10 doctor, the commission shall direct the employee to be examined by
458-11 a designated doctor chosen by the commission.
458-12 (c) The designated doctor shall report in writing to the
458-13 commission.
458-14 (d) If the designated doctor is chosen by the parties, the
458-15 commission shall adopt the impairment rating made by the designated
458-16 doctor.
458-17 (e) If the designated doctor is chosen by the commission,
458-18 the report of the designated doctor shall have presumptive weight,
458-19 and the commission shall base the impairment rating on that report
458-20 unless the great weight of the other medical evidence is to the
458-21 contrary. If the great weight of the medical evidence contradicts
458-22 the impairment rating contained in the report of the designated
458-23 doctor chosen by the commission, the commission shall adopt the
458-24 impairment rating of one of the other doctors. (V.A.C.S. Art.
458-25 8308-4.26(g).)
458-26 Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS. Subject
458-27 to Sections 408.061 and 408.062, an impairment income benefit is
459-1 equal to 70 percent of the employee's average weekly wage.
459-2 (V.A.C.S. Art. 8308-4.26(b).)
459-3 Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS. (a)
459-4 An insurance carrier shall reduce impairment income benefits to an
459-5 employee by an amount equal to employer payments made under Section
459-6 408.003 that are not reimbursed or reimbursable under that section.
459-7 (b) The insurance carrier shall remit the amount of a
459-8 reduction under this section to the employer who made the payments.
459-9 (c) The commission shall adopt rules and forms to ensure the
459-10 full reporting and the accuracy of reductions and reimbursements
459-11 made under this section. (V.A.C.S. Art. 8308-4.06(e).)
459-12 Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS.
459-13 (a) An employee may elect to commute the remainder of the
459-14 impairment income benefits to which the employee is entitled if the
459-15 employee has returned to work for at least three months, earning at
459-16 least 80 percent of the employee's average weekly wage.
459-17 (b) An employee who elects to commute impairment income
459-18 benefits is not entitled to additional income benefits for the
459-19 compensable injury. (V.A.C.S. Art. 8308-4.27.)
459-20 Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS.
459-21 (a) On approval by the commission of a written request received
459-22 from an employee, an insurance carrier shall accelerate the payment
459-23 of impairment income benefits to the employee. The accelerated
459-24 payment may not exceed a rate of payment equal to that of the
459-25 employee's net preinjury wage.
459-26 (b) The commission shall approve the request and order the
459-27 acceleration of the benefits if the commission determines that the
460-1 acceleration is:
460-2 (1) required to relieve hardship; and
460-3 (2) in the overall best interest of the employee.
460-4 (c) The duration of the impairment income benefits to which
460-5 the employee is entitled shall be reduced to offset the increased
460-6 payments caused by the acceleration taking into consideration the
460-7 discount for present payment computed at the rate provided under
460-8 Section 401.023.
460-9 (d) The commission may prescribe forms necessary to
460-10 implement this section. (V.A.C.S. Art. 8308-4.321.)
460-11 (Sections 408.130-408.140 reserved for expansion)
460-12 SUBCHAPTER H. SUPPLEMENTAL INCOME BENEFITS
460-13 Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS. An
460-14 award of a supplemental income benefit, whether by the commission
460-15 or a court, shall be made in accordance with this subchapter.
460-16 (V.A.C.S. Art. 8308-4.28(a).)
460-17 Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An
460-18 employee is entitled to supplemental income benefits if on the
460-19 expiration of the impairment income benefit period computed under
460-20 Section 408.121(a)(1) the employee:
460-21 (1) has an impairment rating of 15 percent or more as
460-22 determined by this subtitle from the compensable injury;
460-23 (2) has not returned to work or has returned to work
460-24 earning less than 80 percent of the employee's average weekly wage
460-25 as a direct result of the employee's impairment;
460-26 (3) has not elected to commute a portion of the
460-27 impairment income benefit under Section 408.128; and
461-1 (4) has attempted in good faith to obtain employment
461-2 commensurate with the employee's ability to work.
461-3 (b) If an employee is not entitled to supplemental income
461-4 benefits at the time of payment of the final impairment income
461-5 benefit because the employee is earning at least 80 percent of the
461-6 employee's average weekly wage, the employee may become entitled to
461-7 supplemental income benefits at any time within one year after the
461-8 date the impairment income benefit period ends if:
461-9 (1) the employee earns wages for at least 90 days that
461-10 are less than 80 percent of the employee's average weekly wage;
461-11 (2) the employee meets the requirements of Subsections
461-12 (a)(1), (3), and (4); and
461-13 (3) the decrease in earnings is a direct result of the
461-14 employee's impairment from the compensable injury. (V.A.C.S. Arts.
461-15 8308-4.28(b), (c).)
461-16 Sec. 408.143. EMPLOYEE STATEMENT. (a) After the
461-17 commission's initial determination of supplemental income benefits,
461-18 the employee must file a statement with the insurance carrier
461-19 stating:
461-20 (1) that the employee has earned less than 80 percent
461-21 of the employee's average weekly wage as a direct result of the
461-22 employee's impairment;
461-23 (2) the amount of wages the employee earned in the
461-24 filing period provided by Subsection (b); and
461-25 (3) that the employee has in good faith sought
461-26 employment commensurate with the employee's ability to work.
461-27 (b) The statement required under this section must be filed
462-1 quarterly on a form and in the manner provided by the commission.
462-2 The commission may modify the filing period as appropriate to an
462-3 individual case.
462-4 (c) Failure to file a statement under this section relieves
462-5 the insurance carrier of liability for supplemental income benefits
462-6 for the period during which a statement is not filed. (V.A.C.S.
462-7 Art. 8308-4.28(k).)
462-8 Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS.
462-9 (a) Supplemental income benefits are calculated quarterly and paid
462-10 monthly.
462-11 (b) Subject to Section 408.061, the amount of a supplemental
462-12 income benefit for a week is equal to 80 percent of the amount
462-13 computed by subtracting the weekly wage the employee earned during
462-14 the reporting period provided by Section 408.143(b) from 80 percent
462-15 of the employee's average weekly wage determined under Section
462-16 408.041, 408.042, 408.043, or 408.044.
462-17 (c) For the purposes of this subchapter, if an employee is
462-18 offered a bona fide position of employment that the employee is
462-19 capable of performing, given the physical condition of the employee
462-20 and the geographic accessibility of the position to the employee,
462-21 the employee's weekly wages are considered to be equal to the
462-22 weekly wages for the position offered to the employee. (V.A.C.S.
462-23 Arts. 8308-4.28(m) (part), (n).)
462-24 Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS. An
462-25 insurance carrier shall pay supplemental income benefits beginning
462-26 not later than the seventh day after the expiration date of the
462-27 employee's impairment income benefit period and shall continue to
463-1 pay the benefits in a timely manner. (V.A.C.S. Art.
463-2 8308-4.28(l)(1) (part).)
463-3 Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS;
463-4 REINITIATION. (a) If an employee earns wages that are at least 80
463-5 percent of the employee's average weekly wage for at least 90 days
463-6 during a time that the employee receives supplemental income
463-7 benefits, the employee ceases to be entitled to supplemental income
463-8 benefits for the filing period.
463-9 (b) Supplemental income benefits terminated under this
463-10 section shall be reinitiated when the employee:
463-11 (1) satisfies the conditions of Section 408.142(b);
463-12 and
463-13 (2) files the statement required under Section
463-14 408.143.
463-15 (c) Notwithstanding any other provision of this section, an
463-16 employee who is not entitled to supplemental income benefits for 12
463-17 consecutive months ceases to be entitled to any additional income
463-18 benefits for the compensable injury. (V.A.C.S. Arts. 8308-4.28(d),
463-19 (e), (f).)
463-20 Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY
463-21 INSURANCE CARRIER; ATTORNEY'S FEES. (a) An insurance carrier may
463-22 request a benefit review conference to contest an employee's
463-23 entitlement to supplemental income benefits or the amount of
463-24 supplemental income benefits.
463-25 (b) If an insurance carrier fails to make a request for a
463-26 benefit review conference within 10 days after the date of the
463-27 expiration of the impairment income benefit period or within 10
464-1 days after receipt of the employee's statement, the insurance
464-2 carrier waives the right to contest entitlement to supplemental
464-3 income benefits and the amount of supplemental income benefits for
464-4 that period of supplemental income benefits.
464-5 (c) If an insurance carrier disputes a commission
464-6 determination that an employee is entitled to supplemental income
464-7 benefits or the amount of supplemental income benefits due and the
464-8 employee prevails on any disputed issue, the insurance carrier is
464-9 liable for reasonable and necessary attorney's fees incurred by the
464-10 employee as a result of the insurance carrier's dispute and for
464-11 supplemental income benefits accrued but not paid and interest on
464-12 that amount, according to Section 408.064. Attorney's fees awarded
464-13 under this subsection are not subject to Sections 408.221(b) and
464-14 (e). (V.A.C.S. Arts. 8308-4.28(l)(1) (part), (2).)
464-15 Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION. The
464-16 commission may reinstate supplemental income benefits to an
464-17 employee who is discharged within 12 months of the date of losing
464-18 entitlement to supplemental income benefits under Section
464-19 408.146(c) if the commission finds that the employee was discharged
464-20 at that time with the intent to deprive the employee of
464-21 supplemental income benefits. (V.A.C.S. Art. 8308-4.28(g).)
464-22 Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE.
464-23 (a) Not more than once in each period of 12 calendar months, an
464-24 employee and an insurance carrier each may request the commission
464-25 to review the status of the employee and determine whether the
464-26 employee's unemployment or underemployment is a direct result of
464-27 impairment from the compensable injury.
465-1 (b) Either party may request a benefit review conference to
465-2 contest a determination of the commission at any time, subject only
465-3 to the limits placed on the insurance carrier by Section 408.147.
465-4 (V.A.C.S. Art. 8308-4.28(i).)
465-5 Sec. 408.150. VOCATIONAL REHABILITATION. (a) The
465-6 commission shall refer an employee to the Texas Rehabilitation
465-7 Commission with a recommendation for appropriate services if the
465-8 commission determines that an employee entitled to supplemental
465-9 income benefits could be materially assisted by vocational
465-10 rehabilitation or training in returning to employment or returning
465-11 to employment more nearly approximating the employee's preinjury
465-12 employment.
465-13 (b) An employee who refuses services or refuses to cooperate
465-14 with services provided under this section loses entitlement to
465-15 supplementary income benefits. (V.A.C.S. Art. 8308-4.28(j).)
465-16 (Sections 408.151-408.160 reserved for expansion)
465-17 SUBCHAPTER I. LIFETIME INCOME BENEFITS
465-18 Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime
465-19 income benefits are paid until the death of the employee for:
465-20 (1) total and permanent loss of sight in both eyes;
465-21 (2) loss of both feet at or above the ankle;
465-22 (3) loss of both hands at or above the wrist;
465-23 (4) loss of one foot at or above the ankle and the
465-24 loss of one hand at or above the wrist;
465-25 (5) an injury to the spine that results in permanent
465-26 and complete paralysis of both arms, both legs, or one arm and one
465-27 leg; or
466-1 (6) an injury to the skull resulting in incurable
466-2 insanity or imbecility.
466-3 (b) For purposes of Subsection (a), the total and permanent
466-4 loss of use of a body part is the loss of that body part.
466-5 (c) Subject to Section 408.061, the amount of lifetime
466-6 income benefits is equal to 75 percent of the employee's average
466-7 weekly wage. Benefits being paid shall be increased at a rate of
466-8 three percent a year notwithstanding Section 408.061. (V.A.C.S.
466-9 Arts. 8308-4.31(a), (b), (c).)
466-10 Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS. (a) If a
466-11 subsequent compensable injury, with the effects of a previous
466-12 injury, results in a condition for which the injured employee is
466-13 entitled to lifetime income benefits, the insurance carrier is
466-14 liable for the payment of benefits for the subsequent injury only
466-15 to the extent that the subsequent injury would have entitled the
466-16 employee to benefits had the previous injury not existed.
466-17 (b) The subsequent injury fund shall compensate the employee
466-18 for the remainder of the lifetime income benefits to which the
466-19 employee is entitled. (V.A.C.S. Art. 8308-4.47.)
466-20 (Sections 408.163-408.180 reserved for expansion)
466-21 SUBCHAPTER J. DEATH AND BURIAL BENEFITS
466-22 Sec. 408.181. DEATH BENEFITS. (a) An insurance carrier
466-23 shall pay death benefits to the legal beneficiary if a compensable
466-24 injury to the employee results in death.
466-25 (b) Subject to Section 408.061, the amount of a death
466-26 benefit is equal to 75 percent of the employee's average weekly
466-27 wage. (V.A.C.S. Art. 8308-4.41.)
467-1 Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS. (a) If there
467-2 is an eligible child or grandchild and an eligible spouse, half of
467-3 the death benefits shall be paid to the eligible spouse and half
467-4 shall be paid in equal shares to the eligible children. If an
467-5 eligible child has predeceased the employee, death benefits that
467-6 would have been paid to that child shall be paid in equal shares
467-7 per stirpes to the children of the deceased child.
467-8 (b) If there is an eligible spouse and no eligible child or
467-9 grandchild, all the death benefits shall be paid to the eligible
467-10 spouse.
467-11 (c) If there is an eligible child or grandchild and no
467-12 eligible spouse, the death benefits shall be paid to the eligible
467-13 children or grandchildren.
467-14 (d) If there is no eligible spouse, no eligible child, and
467-15 no eligible grandchild, the death benefits shall be paid in equal
467-16 shares to surviving dependents of the deceased employee who are
467-17 parents, stepparents, siblings, or grandparents of the deceased.
467-18 (e) If an employee is not survived by legal beneficiaries,
467-19 the death benefits shall be paid to the subsequent injury fund
467-20 under Section 403.007.
467-21 (f) In this section:
467-22 (1) "Eligible child" means a child of a deceased
467-23 employee if the child is:
467-24 (A) a minor;
467-25 (B) enrolled as a full-time student in an
467-26 accredited educational institution and is less than 25 years of
467-27 age; or
468-1 (C) a dependent of the deceased employee at the
468-2 time of the employee's death.
468-3 (2) "Eligible grandchild" means a grandchild of a
468-4 deceased employee who is a dependent of the deceased employee and
468-5 whose parent is not an eligible child.
468-6 (3) "Eligible spouse" means the surviving spouse of a
468-7 deceased employee unless the spouse abandoned the employee for
468-8 longer than the year immediately preceding the death without good
468-9 cause, as determined by the commission. (V.A.C.S. Arts.
468-10 8308-4.42(b), (c), (d), (e), (f), (g).)
468-11 Sec. 408.183. DURATION OF DEATH BENEFITS. (a) Entitlement
468-12 to death benefits begins on the day after the date of an employee's
468-13 death.
468-14 (b) An eligible spouse is entitled to receive death benefits
468-15 for life or until remarriage. On remarriage, the eligible spouse
468-16 is entitled to receive 104 weeks of death benefits, commuted as
468-17 provided by commission rule.
468-18 (c) A child who is eligible for death benefits because the
468-19 child is a minor on the date of the employee's death is entitled to
468-20 receive benefits until the child attains the age of 18.
468-21 (d) A child eligible for death benefits under Subsection (c)
468-22 who at age 18 is enrolled as a full-time student in an accredited
468-23 educational institution or a child who is eligible for death
468-24 benefits because on the date of the employee's death the child is
468-25 enrolled as a full-time student in an accredited educational
468-26 institution is entitled to receive or to continue to receive, as
468-27 appropriate, benefits until the earliest of:
469-1 (1) the date the child ceases, for a second
469-2 consecutive semester, to be enrolled as a full-time student in an
469-3 accredited educational institution;
469-4 (2) the date the child attains the age of 25; or
469-5 (3) the date the child dies.
469-6 (e) A child who is eligible for death benefits because the
469-7 child is a dependent of the deceased employee on the date of the
469-8 employee's death is entitled to receive benefits until the earlier
469-9 of:
469-10 (1) the date the child dies; or
469-11 (2) if the child is dependent:
469-12 (A) because the child is an individual with a
469-13 physical or mental disability, the date the child no longer has the
469-14 disability; or
469-15 (B) because of a reason other than a physical or
469-16 mental disability, the date of the expiration of 364 weeks of death
469-17 benefit payments.
469-18 (f) An eligible grandchild is entitled to receive death
469-19 benefits until the earlier of:
469-20 (1) the date the grandchild dies; or
469-21 (2) if the grandchild is:
469-22 (A) a minor at the time of the employee's death,
469-23 the date the grandchild ceases to be a minor; or
469-24 (B) not a minor at the time of the employee's
469-25 death, the date of the expiration of 364 weeks of death benefit
469-26 payments.
469-27 (g) Any other person entitled to death benefits is entitled
470-1 to receive death benefits until the earlier of:
470-2 (1) the date the person dies; or
470-3 (2) the date of the expiration of 364 weeks of death
470-4 benefit payments.
470-5 (h) Section 401.011(16) does not apply to the use of the
470-6 term "disability" in this section. (V.A.C.S. Art. 8308-4.43; New.)
470-7 Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS. (a) If a
470-8 legal beneficiary dies or otherwise becomes ineligible for death
470-9 benefits, benefits shall be redistributed to the remaining legal
470-10 beneficiaries as provided by Sections 408.182 and 408.183.
470-11 (b) If a spouse ceases to be eligible because of remarriage,
470-12 the benefits payable to the remaining legal beneficiaries remain
470-13 constant for 104 weeks. After the 104th week, the spouse's share
470-14 of benefits shall be redistributed as provided by Sections 408.182
470-15 and 408.183.
470-16 (c) If all legal beneficiaries, other than the subsequent
470-17 injury fund, cease to be eligible and the insurance carrier has not
470-18 made 364 weeks of full death benefit payments, including the
470-19 remarriage payment, the insurance carrier shall pay to the
470-20 subsequent injury fund an amount computed by subtracting the total
470-21 amount paid from the amount that would be paid for 364 weeks of
470-22 death benefits. (V.A.C.S. Art. 8308-4.44.)
470-23 Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S
470-24 FEES. On settlement of a case in which the insurance carrier
470-25 admits liability for death benefits but a dispute exists as to the
470-26 proper beneficiary or beneficiaries, the settlement shall be paid
470-27 in periodic payments as provided by law, with a reasonable
471-1 attorney's fee not to exceed 25 percent of the settlement, paid
471-2 periodically, and based on time and expenses. (V.A.C.S. Art.
471-3 8308-4.45(b).)
471-4 Sec. 408.186. BURIAL BENEFITS. (a) If the death of an
471-5 employee results from a compensable injury, the insurance carrier
471-6 shall pay to the person who incurred liability for the costs of
471-7 burial the lesser of:
471-8 (1) the actual costs incurred for reasonable burial
471-9 expenses; or
471-10 (2) $2,500.
471-11 (b) If the employee died away from the employee's usual
471-12 place of employment, the insurance carrier shall pay the reasonable
471-13 cost of transporting the body, not to exceed the cost of
471-14 transporting the body to the employee's usual place of employment.
471-15 (V.A.C.S. Art. 8308-4.46.)
471-16 Sec. 408.187. AUTOPSY. (a) If in a claim for death
471-17 benefits based on an occupational disease an autopsy is necessary
471-18 to determine the cause of death, the commission may, after
471-19 opportunity for hearing, order the legal beneficiaries of a
471-20 deceased employee to permit an autopsy.
471-21 (b) A legal beneficiary is entitled to have a representative
471-22 present at an autopsy ordered under this section.
471-23 (c) The commission shall require the insurance carrier to
471-24 pay the costs of a procedure ordered under this section. (V.A.C.S.
471-25 Art. 8308-4.48.)
471-26 (Sections 408.188-408.200 reserved for expansion)
471-27 SUBCHAPTER K. PROTECTION OF RIGHTS TO BENEFITS
472-1 Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS. Benefits
472-2 are exempt from:
472-3 (1) garnishment;
472-4 (2) attachment;
472-5 (3) judgment; and
472-6 (4) other actions or claims. (V.A.C.S.
472-7 Art. 8308-4.07(a).)
472-8 Sec. 408.202. ASSIGNABILITY OF BENEFITS. Benefits are not
472-9 assignable, except a legal beneficiary may, with commission
472-10 approval, assign the right to death benefits. (V.A.C.S. Arts.
472-11 8308-4.07(b), (c).)
472-12 Sec. 408.203. Allowable Liens. (a) An income or death
472-13 benefit is subject only to the following lien or claim, to the
472-14 extent the benefit is unpaid on the date the insurance carrier
472-15 receives written notice of the lien or claim, in the following
472-16 order of priority:
472-17 (1) an attorney's fee for representing an employee or
472-18 legal beneficiary in a matter arising under this subtitle;
472-19 (2) court-ordered child support; or
472-20 (3) a subrogation interest established under this
472-21 subtitle.
472-22 (b) A benefit that is subject to a lien for payment of
472-23 court-ordered child support shall be paid as required by:
472-24 (1) an order withholding income under Section 14.43,
472-25 Family Code; or
472-26 (2) a writ of income withholding under Section 14.45,
472-27 Family Code. (V.A.C.S. Art. 8308-4.08.)
473-1 (Sections 408.204-408.220 reserved for expansion)
473-2 SUBCHAPTER L. ATTORNEY'S FEES IN WORKERS' COMPENSATION
473-3 BENEFIT MATTERS
473-4 Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL.
473-5 (a) An attorney's fee, including a contingency fee, for
473-6 representing a claimant before the commission or court under this
473-7 subtitle must be approved by the commission or court.
473-8 (b) Except as otherwise provided, an attorney's fee under
473-9 this section is based on the attorney's time and expenses according
473-10 to written evidence presented to the commission or court. Except
473-11 as provided by Section 408.147(c), the attorney's fee shall be paid
473-12 from the claimant's recovery.
473-13 (c) In approving an attorney's fee under this section, the
473-14 commission or court shall consider:
473-15 (1) the time and labor required;
473-16 (2) the novelty and difficulty of the questions
473-17 involved;
473-18 (3) the skill required to perform the legal services
473-19 properly;
473-20 (4) the fee customarily charged in the locality for
473-21 similar legal services;
473-22 (5) the amount involved in the controversy;
473-23 (6) the benefits to the claimant that the attorney is
473-24 responsible for securing; and
473-25 (7) the experience and ability of the attorney
473-26 performing the services.
473-27 (d) The commission by rule or the court may provide for the
474-1 commutation of an attorney's fee, except that the attorney's fee
474-2 shall be paid in periodic payments in a claim involving death
474-3 benefits if the only dispute is as to the proper beneficiary or
474-4 beneficiaries.
474-5 (e) The commission by rule shall provide guidelines for
474-6 maximum attorney's fees for specific services in accordance with
474-7 this section.
474-8 (f) An attorney's fee may not be allowed in a case involving
474-9 a fatal injury or lifetime income benefit if the insurance carrier
474-10 admits liability on all issues and tenders payment of maximum
474-11 benefits in writing under this subtitle while the claim is pending
474-12 before the commission.
474-13 (g) An attorney's fee shall be paid to the attorney by
474-14 separate draft.
474-15 (h) Except as provided by Section 408.147(c), an attorney's
474-16 fee may not exceed 25 percent of the claimant's recovery.
474-17 (V.A.C.S. Art. 8308-4.09.)
474-18 Sec. 408.222. Attorney's Fees Paid to Defense Counsel. (a)
474-19 The amount of an attorney's fee for defending an insurance carrier
474-20 in a workers' compensation action brought under this subtitle must
474-21 be approved by the commission or court and determined by the
474-22 commission or court to be reasonable and necessary.
474-23 (b) In determining whether a fee is reasonable under this
474-24 section, the commission or court shall consider issues analogous to
474-25 those listed under Section 408.221(c). The defense counsel shall
474-26 present written evidence to the commission or court relating to:
474-27 (1) the time spent and expenses incurred in defending
475-1 the case; and
475-2 (2) other evidence considered necessary by the
475-3 commission or court in making a determination under this section.
475-4 (V.A.C.S. Art. 8308-4.091.)
475-5 CHAPTER 409. COMPENSATION PROCEDURES
475-6 SUBCHAPTER A. INJURY REPORTS, CLAIMS, AND RECORDS
475-7 Sec. 409.001. NOTICE OF INJURY TO EMPLOYER
475-8 Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY
475-9 Sec. 409.003. CLAIM FOR COMPENSATION
475-10 Sec. 409.004. FAILURE TO FILE CLAIM FOR COMPENSATION
475-11 Sec. 409.005. EMPLOYER REPORT OF INJURY; ADMINISTRATIVE
475-12 VIOLATION
475-13 Sec. 409.006. RECORD OF INJURIES; ADMINISTRATIVE
475-14 VIOLATION
475-15 Sec. 409.007. DEATH BENEFIT CLAIMS
475-16 Sec. 409.008. FAILURE TO FILE EMPLOYER REPORT OF INJURY;
475-17 LIMITATIONS TOLLED
475-18 Sec. 409.009. SUBCLAIMS
475-19 Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
475-20 BENEFICIARY
475-21 Sec. 409.011. INFORMATION PROVIDED TO EMPLOYER; EMPLOYER'S
475-22 RIGHTS
475-23 Sec. 409.012. VOCATIONAL REHABILITATION INFORMATION
475-24 (Sections 409.013-409.020 reserved for expansion)
475-25 SUBCHAPTER B. PAYMENT OF BENEFITS
475-26 Sec. 409.021. INITIATION OF BENEFITS; INSURANCE CARRIER'S
475-27 REFUSAL; ADMINISTRATIVE VIOLATION
476-1 Sec. 409.022. REFUSAL TO PAY BENEFITS; NOTICE;
476-2 ADMINISTRATIVE VIOLATION
476-3 Sec. 409.023. PAYMENT OF BENEFITS; ADMINISTRATIVE
476-4 VIOLATION
476-5 Sec. 409.024. TERMINATION OR REDUCTION OF BENEFITS;
476-6 NOTICE; ADMINISTRATIVE VIOLATION
476-7 (Sections 409.025-409.040 reserved for expansion)
476-8 SUBCHAPTER C. OMBUDSMAN PROGRAM
476-9 Sec. 409.041. OMBUDSMAN PROGRAM; ADMINISTRATIVE VIOLATION
476-10 Sec. 409.042. PUBLIC INFORMATION
476-11 CHAPTER 409. COMPENSATION PROCEDURES
476-12 SUBCHAPTER A. INJURY REPORTS, CLAIMS, AND RECORDS
476-13 Sec. 409.001. NOTICE OF INJURY TO EMPLOYER. (a) An
476-14 employee or a person acting on the employee's behalf shall notify
476-15 the employer of the employee of an injury not later than the 30th
476-16 day after the date on which:
476-17 (1) the injury occurs; or
476-18 (2) if the injury is an occupational disease, the
476-19 employee knew or should have known that the injury may be related
476-20 to the employment.
476-21 (b) The notice required under Subsection (a) may be given
476-22 to:
476-23 (1) the employer; or
476-24 (2) an employee of the employer who holds a
476-25 supervisory or management position.
476-26 (c) If the injury is an occupational disease, for purposes
476-27 of this section, the employer is the person who employed the
477-1 employee on the date of last injurious exposure to the hazards of
477-2 the disease. (V.A.C.S. Arts. 8308-5.01(a), (c), (d).)
477-3 Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY. Failure to
477-4 notify an employer as required by Section 409.001(a) relieves the
477-5 employer and the employer's insurance carrier of liability under
477-6 this subtitle unless:
477-7 (1) the employer, a person eligible to receive notice
477-8 under Section 409.001(b), or the employer's insurance carrier has
477-9 actual knowledge of the employee's injury;
477-10 (2) the commission determines that good cause exists
477-11 for failure to provide notice in a timely manner; or
477-12 (3) the employer or the employer's insurance carrier
477-13 does not contest the claim. (V.A.C.S. Art. 8308-5.02.)
477-14 Sec. 409.003. CLAIM FOR COMPENSATION. An employee or a
477-15 person acting on the employee's behalf shall file with the
477-16 commission a claim for compensation for an injury not later than
477-17 one year after the date on which:
477-18 (1) the injury occurred; or
477-19 (2) if the injury is an occupational disease, the
477-20 employee knew or should have known that the disease was related to
477-21 the employee's employment. (V.A.C.S. Art. 8308-5.01(b).)
477-22 Sec. 409.004. FAILURE TO FILE CLAIM FOR COMPENSATION.
477-23 Failure to file a claim for compensation with the commission as
477-24 required under Section 409.003 relieves the employer and the
477-25 employer's insurance carrier of liability under this subtitle
477-26 unless:
477-27 (1) good cause exists for failure to file a claim in a
478-1 timely manner; or
478-2 (2) the employer or the employer's insurance carrier
478-3 does not contest the claim. (V.A.C.S. Art. 8308-5.03.)
478-4 Sec. 409.005. EMPLOYER REPORT OF INJURY; ADMINISTRATIVE
478-5 VIOLATION. (a) An employer shall file a written report with the
478-6 commission and the employer's insurance carrier if:
478-7 (1) an injury results in the absence of an employee of
478-8 that employer from work for more than one day; or
478-9 (2) an employee of the employer notifies that employer
478-10 of an occupational disease under Section 409.001.
478-11 (b) The report must be mailed or delivered to the commission
478-12 and the insurance carrier not later than the eighth day after:
478-13 (1) the employee's absence from work for more than one
478-14 day due to an injury; or
478-15 (2) the day on which the employer receives notice
478-16 under Section 409.001 that the employee has contracted an
478-17 occupational disease.
478-18 (c) A report required under this section may not be
478-19 considered to be an admission by or evidence against an employer or
478-20 an insurance carrier in a proceeding before the commission or a
478-21 court in which the facts set out in the report are contradicted by
478-22 the employer or insurance carrier.
478-23 (d) The commission may adopt rules relating to the
478-24 information that must be contained in a report required under this
478-25 section.
478-26 (e) An employer shall file subsequent reports as required by
478-27 commission rule.
479-1 (f) A person commits a violation if the person fails to
479-2 comply with this section unless good cause exists. A violation
479-3 under this subsection is a Class D administrative violation.
479-4 (V.A.C.S. Arts. 8308-5.05(a), (b) (part), (c), (d), (e).)
479-5 Sec. 409.006. RECORD OF INJURIES; ADMINISTRATIVE VIOLATION.
479-6 (a) An employer shall maintain a record of each employee injury as
479-7 reported by an employee or otherwise made known to the employer.
479-8 (b) The record shall be available to the commission at
479-9 reasonable times and under conditions prescribed by the commission.
479-10 (c) The commission may adopt rules relating to the
479-11 information that must be contained in an employer record under this
479-12 section.
479-13 (d) Information contained in a record maintained under this
479-14 section is not an admission by the employer that:
479-15 (1) the injury did in fact occur; or
479-16 (2) a fact maintained in the record is true.
479-17 (e) A person commits a violation if the person fails to
479-18 comply with this section. A violation under this subsection is a
479-19 Class D administrative violation. (V.A.C.S. Art. 8308-5.04.)
479-20 Sec. 409.007. DEATH BENEFIT CLAIMS. (a) A person must file
479-21 a claim for death benefits with the commission not later than the
479-22 first anniversary of the date of the employee's death.
479-23 (b) Failure to file in the time required by Subsection (a)
479-24 bars the claim unless:
479-25 (1) the person is a minor or incompetent; or
479-26 (2) good cause exists for the failure to file a claim
479-27 under this section.
480-1 (c) A separate claim must be filed for each legal
480-2 beneficiary unless the claim expressly includes or is made on
480-3 behalf of another person. (V.A.C.S. Art. 8308-5.07.)
480-4 Sec. 409.008. FAILURE TO FILE EMPLOYER REPORT OF INJURY;
480-5 LIMITATIONS TOLLED. If an employer or the employer's insurance
480-6 carrier has been given notice or has knowledge of an injury to or
480-7 the death of an employee and the employer or insurance carrier
480-8 fails, neglects, or refuses to file the report under Section
480-9 409.005, the period for filing a claim for compensation under
480-10 Sections 409.003 and 409.007 does not begin to run against the
480-11 claim of an injured employee or a legal beneficiary until the day
480-12 on which the report required under Section 409.005 has been
480-13 furnished. (V.A.C.S. Art. 8308-5.06.)
480-14 Sec. 409.009. SUBCLAIMS. A person may file a written claim
480-15 with the commission as a subclaimant if the person has:
480-16 (1) provided compensation, including health care
480-17 provided by a health care insurer, directly or indirectly, to or
480-18 for an employee or legal beneficiary; and
480-19 (2) sought and been refused reimbursement from the
480-20 insurance carrier. (V.A.C.S. Arts. 8308-1.03(44), 8308-5.08.)
480-21 Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
480-22 BENEFICIARY. Immediately on receiving notice of an injury or death
480-23 from any person, the commission shall mail to the employee or legal
480-24 beneficiary a clear and concise description of:
480-25 (1) the services provided by the commission, including
480-26 the services of the ombudsman program;
480-27 (2) the commission's procedures; and
481-1 (3) the person's rights and responsibilities under
481-2 this subtitle. (V.A.C.S. Art. 8308-5.09.)
481-3 Sec. 409.011. INFORMATION PROVIDED TO EMPLOYER; EMPLOYER'S
481-4 RIGHTS. (a) Immediately on receiving notice of an injury or death
481-5 from any person, the commission shall mail to the employer a
481-6 description of:
481-7 (1) the services provided by the commission;
481-8 (2) the commission's procedures; and
481-9 (3) the employer's rights and responsibilities under
481-10 this subtitle.
481-11 (b) The information must include a clear statement of the
481-12 following rights of the employer:
481-13 (1) the right to be present at all administrative
481-14 proceedings relating to an employee's claim;
481-15 (2) the right to present relevant evidence relating to
481-16 an employee's claim at any proceeding;
481-17 (3) the right to report suspected fraud;
481-18 (4) the right to contest the compensability of an
481-19 injury if the insurance carrier accepts liability for the payment
481-20 of benefits;
481-21 (5) the right to receive notice, after making a
481-22 written request to the insurance carrier, of:
481-23 (A) a proposal to settle a claim; or
481-24 (B) an administrative or a judicial proceeding
481-25 relating to the resolution of a claim; and
481-26 (6) the right to contest the failure of the insurance
481-27 carrier to provide accident prevention services under Subchapter E,
482-1 Chapter 411.
482-2 (c) The commission is not required to provide the
482-3 information to an employer more than once during a calendar year.
482-4 (V.A.C.S. Art. 8308-5.10.)
482-5 Sec. 409.012. VOCATIONAL REHABILITATION INFORMATION. (a)
482-6 The commission shall analyze each report of injury received from an
482-7 employer under this chapter to determine whether the injured
482-8 employee would be assisted by vocational rehabilitation.
482-9 (b) If the commission determines that an injured employee
482-10 would be assisted by vocational rehabilitation, the commission
482-11 shall notify the injured employee in writing of the services and
482-12 facilities available through the Texas Rehabilitation Commission
482-13 and private providers of vocational rehabilitation. The commission
482-14 shall notify the Texas Rehabilitation Commission and the affected
482-15 insurance carrier that the injured employee has been identified as
482-16 one who could be assisted by vocational rehabilitation.
482-17 (c) The commission shall cooperate with the Texas
482-18 Rehabilitation Commission and private providers of vocational
482-19 rehabilitation in the provision of services and facilities to
482-20 employees by the Texas Rehabilitation Commission.
482-21 (d) A private provider of vocational rehabilitation services
482-22 may register with the commission. (V.A.C.S. Art. 8308-5.11.)
482-23 (Sections 409.013-409.020 reserved for expansion)
482-24 SUBCHAPTER B. PAYMENT OF BENEFITS
482-25 Sec. 409.021. INITIATION OF BENEFITS; INSURANCE CARRIER'S
482-26 REFUSAL; ADMINISTRATIVE VIOLATION. (a) An insurance carrier shall
482-27 initiate compensation under this subtitle promptly. Not later than
483-1 the seventh day after the date on which an insurance carrier
483-2 receives written notice of an injury, the insurance carrier shall:
483-3 (1) begin the payment of benefits as required by this
483-4 subtitle; or
483-5 (2) notify the commission and the employee in writing
483-6 of its refusal to pay and advise the employee of:
483-7 (A) the right to request a benefit review
483-8 conference; and
483-9 (B) the means to obtain additional information
483-10 from the commission.
483-11 (b) An insurance carrier shall notify the commission in
483-12 writing of the initiation of income or death benefit payments in
483-13 the manner prescribed by commission rules.
483-14 (c) If an insurance carrier does not contest the
483-15 compensability of an injury on or before the 60th day after the
483-16 date on which the insurance carrier is notified of the injury, the
483-17 insurance carrier waives its right to contest compensability. The
483-18 initiation of payments by an insurance carrier does not affect the
483-19 right of the insurance carrier to continue to investigate or deny
483-20 the compensability of an injury during the 60-day period.
483-21 (d) An insurance carrier may reopen the issue of the
483-22 compensability of an injury if there is a finding of evidence that
483-23 could not reasonably have been discovered earlier.
483-24 (e) An insurance carrier commits a violation if the
483-25 insurance carrier does not initiate payments or file a notice of
483-26 refusal as required by this section. A violation under this
483-27 subsection is a Class B administrative violation. Each day of
484-1 noncompliance constitutes a separate violation. (V.A.C.S. Arts.
484-2 8308-5.21(a) (part), (b).)
484-3 Sec. 409.022. REFUSAL TO PAY BENEFITS; NOTICE;
484-4 ADMINISTRATIVE VIOLATION. (a) An insurance carrier's notice of
484-5 refusal to pay benefits under Section 409.021 must specify the
484-6 grounds for the refusal.
484-7 (b) The grounds for the refusal specified in the notice
484-8 constitute the only basis for the insurance carrier's defense on
484-9 the issue of compensability in a subsequent proceeding, unless the
484-10 defense is based on newly discovered evidence that could not
484-11 reasonably have been discovered at an earlier date.
484-12 (c) An insurance carrier commits a violation if the
484-13 insurance carrier does not have reasonable grounds for a refusal to
484-14 pay benefits, as determined by the commission. A violation under
484-15 this subsection is a Class B administrative violation. (V.A.C.S.
484-16 Art. 8308-5.21(c).)
484-17 Sec. 409.023. PAYMENT OF BENEFITS; ADMINISTRATIVE VIOLATION.
484-18 (a) An insurance carrier shall continue to pay benefits promptly
484-19 as and when the benefits accrue without a final decision, order, or
484-20 other action of the commission, except as otherwise provided.
484-21 (b) Benefits shall be paid solely to the order of the
484-22 employee or the employee's legal beneficiary.
484-23 (c) An insurance carrier commits a violation if the
484-24 insurance carrier fails to comply with this section. A violation
484-25 under this subsection is a Class B administrative violation. Each
484-26 day of noncompliance constitutes a separate violation.
484-27 (d) An insurance carrier that commits multiple violations of
485-1 this section commits a Class A administrative violation and is
485-2 subject to:
485-3 (1) the sanctions provided under Section 415.023; and
485-4 (2) revocation of the right to do business under the
485-5 workers' compensation laws of this state. (V.A.C.S. Art.
485-6 8308-5.22.)
485-7 Sec. 409.024. TERMINATION OR REDUCTION OF BENEFITS; NOTICE;
485-8 ADMINISTRATIVE VIOLATION. (a) An insurance carrier shall file
485-9 with the commission a notice of termination or reduction of
485-10 benefits, including the reasons for the termination or reduction,
485-11 not later than the 10th day after the date on which benefits are
485-12 terminated or reduced.
485-13 (b) An insurance carrier commits a violation if the
485-14 insurance carrier does not have reasonable grounds to terminate or
485-15 reduce benefits, as determined by the commission. A violation
485-16 under this subsection is a Class B administrative violation.
485-17 (V.A.C.S. Art. 8308-5.23.)
485-18 (Sections 409.025-409.040 reserved for expansion)
485-19 SUBCHAPTER C. OMBUDSMAN PROGRAM
485-20 Sec. 409.041. OMBUDSMAN PROGRAM; ADMINISTRATIVE VIOLATION.
485-21 (a) The commission shall maintain an ombudsman program to assist
485-22 injured workers and persons claiming death benefits in obtaining
485-23 benefits under this subtitle.
485-24 (b) An ombudsman shall:
485-25 (1) meet with or otherwise provide information to
485-26 injured workers;
485-27 (2) investigate complaints;
486-1 (3) communicate with employers, insurance carriers,
486-2 and health care providers on behalf of injured workers; and
486-3 (4) assist unrepresented claimants, employers, and
486-4 other parties to enable those persons to protect their rights in
486-5 the workers' compensation system.
486-6 (c) At least one specially qualified employee in each
486-7 commission office shall be designated an ombudsman who shall
486-8 perform the duties under this section as the person's primary
486-9 responsibility.
486-10 (d) Each employer shall notify its employees of the
486-11 ombudsman program in a manner prescribed by the commission. An
486-12 employer commits a violation if the employer fails to comply with
486-13 this subsection. A violation under this subsection is a Class C
486-14 administrative violation. (V.A.C.S. Art. 8308-5.41.)
486-15 Sec. 409.042. PUBLIC INFORMATION. The commission shall
486-16 widely disseminate information about the ombudsman program.
486-17 (V.A.C.S. Art. 8308-5.42.)
486-18 CHAPTER 410. ADJUDICATION OF DISPUTES
486-19 SUBCHAPTER A. GENERAL PROVISIONS
486-20 Sec. 410.001. DEFINITIONS
486-21 Sec. 410.002. LAW GOVERNING LIABILITY PROCEEDINGS
486-22 Sec. 410.003. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
486-23 TEXAS REGISTER ACT
486-24 Sec. 410.004. DIVISION OF HEARINGS
486-25 Sec. 410.005. VENUE FOR ADMINISTRATIVE PROCEEDINGS
486-26 Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS
486-27 (Sections 410.007-410.020 reserved for expansion)
487-1 SUBCHAPTER B. BENEFIT REVIEW CONFERENCE
487-2 Sec. 410.021. PURPOSE
487-3 Sec. 410.022. BENEFIT REVIEW OFFICERS; QUALIFICATIONS
487-4 Sec. 410.023. REQUEST FOR BENEFIT REVIEW CONFERENCE
487-5 Sec. 410.024. BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO
487-6 FURTHER PROCEEDINGS ON CERTAIN CLAIMS
487-7 Sec. 410.025. SCHEDULING OF BENEFIT REVIEW CONFERENCE;
487-8 NOTICE
487-9 Sec. 410.026. POWERS AND DUTIES OF BENEFIT REVIEW OFFICER
487-10 Sec. 410.027. RULES
487-11 Sec. 410.028. FAILURE TO ATTEND; ADMINISTRATIVE VIOLATION
487-12 Sec. 410.029. RESOLUTION AT BENEFIT REVIEW CONFERENCE;
487-13 WRITTEN AGREEMENT
487-14 Sec. 410.030. BINDING EFFECT OF AGREEMENT
487-15 Sec. 410.031. INCOMPLETE RESOLUTION; REPORT
487-16 Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY ORDER;
487-17 REIMBURSEMENT
487-18 Sec. 410.033. MULTIPLE CARRIERS
487-19 Sec. 410.034. FILING OF AGREEMENT AND REPORT
487-20 (Sections 410.035-410.100 reserved for expansion)
487-21 SUBCHAPTER C. ARBITRATION
487-22 Sec. 410.101. PURPOSE
487-23 Sec. 410.102. ARBITRATORS; QUALIFICATIONS
487-24 Sec. 410.103. DUTIES OF ARBITRATOR
487-25 Sec. 410.104. ELECTION OF ARBITRATION; EFFECT
487-26 Sec. 410.105. LISTS OF ARBITRATORS
487-27 Sec. 410.106. SELECTION OF ARBITRATOR
488-1 Sec. 410.107. ASSIGNMENT OF ARBITRATOR
488-2 Sec. 410.108. REJECTION OF ARBITRATOR
488-3 Sec. 410.109. SCHEDULING OF ARBITRATION
488-4 Sec. 410.110. CONTINUANCE
488-5 Sec. 410.111. RULES
488-6 Sec. 410.112. EXCHANGE AND FILING OF INFORMATION;
488-7 ADMINISTRATIVE VIOLATION
488-8 Sec. 410.113. DUTIES OF PARTIES AT ARBITRATION; ATTENDANCE;
488-9 ADMINISTRATIVE VIOLATION
488-10 Sec. 410.114. TESTIMONY; RECORD
488-11 Sec. 410.115. EVIDENCE
488-12 Sec. 410.116. CLOSING STATEMENTS; BRIEFS
488-13 Sec. 410.117. EX PARTE CONTACTS PROHIBITED
488-14 Sec. 410.118. AWARD
488-15 Sec. 410.119. EFFECT OF AWARD
488-16 Sec. 410.120. CLERICAL ERROR
488-17 Sec. 410.121. COURT VACATING AWARD
488-18 (Sections 410.122-410.150 reserved for expansion)
488-19 SUBCHAPTER D. CONTESTED CASE HEARING
488-20 Sec. 410.151. CONTESTED CASE HEARING; SCOPE
488-21 Sec. 410.152. HEARING OFFICERS; QUALIFICATIONS
488-22 Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
488-23 TEXAS REGISTER ACT
488-24 Sec. 410.154. SCHEDULING OF HEARING
488-25 Sec. 410.155. CONTINUANCE
488-26 Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION
488-27 Sec. 410.157. RULES
489-1 Sec. 410.158. DISCOVERY
489-2 Sec. 410.159. STANDARD INTERROGATORIES
489-3 Sec. 410.160. EXCHANGE OF INFORMATION
489-4 Sec. 410.161. FAILURE TO DISCLOSE INFORMATION
489-5 Sec. 410.162. ADDITIONAL DISCOVERY
489-6 Sec. 410.163. POWERS AND DUTIES OF HEARING OFFICER
489-7 Sec. 410.164. RECORD
489-8 Sec. 410.165. EVIDENCE
489-9 Sec. 410.166. STIPULATIONS
489-10 Sec. 410.167. EX PARTE CONTACTS PROHIBITED
489-11 Sec. 410.168. DECISION
489-12 Sec. 410.169. EFFECT OF DECISION
489-13 (Sections 410.170-410.200 reserved for expansion)
489-14 SUBCHAPTER E. APPEALS PANEL
489-15 Sec. 410.201. APPEALS JUDGES; QUALIFICATIONS
489-16 Sec. 410.202. REQUEST FOR APPEAL; RESPONSE
489-17 Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY
489-18 OF HEARING ON REMAND
489-19 Sec. 410.204. DECISION
489-20 Sec. 410.205. EFFECT OF DECISION; REIMBURSEMENT FOR
489-21 OVERPAYMENT
489-22 Sec. 410.206. CLERICAL ERROR
489-23 Sec. 410.207. CONTINUATION OF COMMISSION JURISDICTION
489-24 Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
489-25 ADMINISTRATIVE VIOLATION
489-26 (Sections 410.209-410.250 reserved for expansion)
489-27 SUBCHAPTER F. JUDICIAL REVIEW--GENERAL PROVISIONS
490-1 Sec. 410.251. EXHAUSTION OF REMEDIES
490-2 Sec. 410.252. TIME FOR FILING PETITION; VENUE
490-3 Sec. 410.253. SERVICE
490-4 Sec. 410.254. COMMISSION INTERVENTION
490-5 Sec. 410.255. JUDICIAL REVIEW OF ISSUES OTHER THAN
490-6 COMPENSABILITY OR INCOME OR DEATH BENEFITS
490-7 Sec. 410.256. COURT APPROVAL OF SETTLEMENT
490-8 (Sections 410.257-410.300 reserved for expansion)
490-9 SUBCHAPTER G. JUDICIAL REVIEW OF ISSUES REGARDING
490-10 COMPENSABILITY OR INCOME OR DEATH BENEFITS
490-11 Sec. 410.301. JUDICIAL REVIEW OF ISSUES REGARDING
490-12 COMPENSABILITY OR INCOME OR DEATH BENEFITS
490-13 Sec. 410.302. LIMITATION OF ISSUES
490-14 Sec. 410.303. BURDEN OF PROOF
490-15 Sec. 410.304. CONSIDERATION OF APPEALS PANEL DECISION
490-16 Sec. 410.305. CONFLICT WITH RULES OF CIVIL PROCEDURE
490-17 Sec. 410.306. EVIDENCE
490-18 Sec. 410.307. SUBSTANTIAL CHANGE OF CONDITION
490-19 Sec. 410.308. CERTIFIED COPY OF NOTICE SECURING
490-20 COMPENSATION
490-21 CHAPTER 410. ADJUDICATION OF DISPUTES
490-22 SUBCHAPTER A. GENERAL PROVISIONS
490-23 Sec. 410.001. DEFINITIONS. In this chapter:
490-24 (1) "Director" means the director of the division.
490-25 (2) "Division" means the division of hearings. (New.)
490-26 Sec. 410.002. LAW GOVERNING LIABILITY PROCEEDINGS. A
490-27 proceeding before the commission to determine the liability of an
491-1 insurance carrier for compensation for an injury or death under
491-2 this subtitle is governed by this chapter. (V.A.C.S.
491-3 Art. 8308-6.01(b).)
491-4 Sec. 410.003. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
491-5 TEXAS REGISTER ACT. Except as otherwise provided by this chapter,
491-6 the Administrative Procedure and Texas Register Act (Article
491-7 6252-13a, Vernon's Texas Civil Statutes) does not apply to a
491-8 proceeding under this chapter. (V.A.C.S. Art. 8308-6.01(a).)
491-9 Sec. 410.004. DIVISION OF HEARINGS. The division shall
491-10 conduct benefit review conferences, contested case hearings,
491-11 arbitration, and appeals within the commission related to workers'
491-12 compensation claims. (V.A.C.S. Art. 8308-6.02(a).)
491-13 Sec. 410.005. VENUE FOR ADMINISTRATIVE PROCEEDINGS. (a)
491-14 Unless the commission determines that good cause exists for the
491-15 selection of a different location, a benefit review conference or a
491-16 contested case hearing may not be conducted at a site more than 75
491-17 miles from the claimant's residence at the time of the injury.
491-18 (b) Unless the assigned arbitrator determines that good
491-19 cause exists for the selection of a different location, arbitration
491-20 may not be conducted at a site more than 75 miles from the
491-21 claimant's residence at the time of the injury.
491-22 (c) All appeals panel proceedings shall be conducted in
491-23 Travis County. (V.A.C.S. Art. 8308-6.03.)
491-24 Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS.
491-25 (a) A claimant may be represented at a benefit review conference,
491-26 a contested case hearing, or arbitration by an attorney or may be
491-27 assisted by an individual of the claimant's choice who does not
492-1 work for an attorney or receive a fee. An employee of an attorney
492-2 may represent a claimant if that employee:
492-3 (1) is a relative of the claimant; and
492-4 (2) does not receive a fee.
492-5 (b) An insurance carrier may be represented by an attorney
492-6 or adjuster. (V.A.C.S. Art. 8308-6.04.)
492-7 (Sections 410.007-410.020 reserved for expansion)
492-8 SUBCHAPTER B. BENEFIT REVIEW CONFERENCE
492-9 Sec. 410.021. PURPOSE. A benefit review conference is a
492-10 nonadversarial, informal dispute resolution proceeding designed to:
492-11 (1) explain, orally and in writing, the rights of the
492-12 respective parties to a workers' compensation claim and the
492-13 procedures necessary to protect those rights;
492-14 (2) discuss the facts of the claim, review available
492-15 information in order to evaluate the claim, and delineate the
492-16 disputed issues; and
492-17 (3) mediate and resolve disputed issues by agreement
492-18 of the parties in accordance with this subtitle and the policies of
492-19 the commission. (V.A.C.S. Art. 8308-6.11.)
492-20 Sec. 410.022. BENEFIT REVIEW OFFICERS; QUALIFICATIONS. (a)
492-21 A benefit review officer shall conduct a benefit review conference.
492-22 (b) A benefit review officer must:
492-23 (1) be an employee of the commission; and
492-24 (2) be trained in the principles and procedures of
492-25 dispute mediation.
492-26 (c) The commission shall institute and maintain an education
492-27 and training program for benefit review officers and shall consult
493-1 or contract with the Federal Mediation and Conciliation Service or
493-2 other appropriate organizations for this purpose. (V.A.C.S.
493-3 Art. 8308-6.02(b).)
493-4 Sec. 410.023. REQUEST FOR BENEFIT REVIEW CONFERENCE. On
493-5 receipt of a request from a party or on its own motion, the
493-6 commission may direct the parties to a disputed workers'
493-7 compensation claim to meet in a benefit review conference to
493-8 attempt to reach agreement on disputed issues involved in the
493-9 claim. (V.A.C.S. Art. 8308-6.12(a).)
493-10 Sec. 410.024. BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO
493-11 FURTHER PROCEEDINGS ON CERTAIN CLAIMS. (a) Except as otherwise
493-12 provided by law or commission rule, the parties to a disputed
493-13 compensation claim are not entitled to a contested case hearing or
493-14 arbitration on the claim unless a benefit review conference is
493-15 conducted as provided by this subchapter.
493-16 (b) The commission by rule shall adopt guidelines relating
493-17 to claims that do not require a benefit review conference and may
493-18 proceed directly to a contested case hearing or arbitration.
493-19 (V.A.C.S. Art. 8308-6.12(c).)
493-20 Sec. 410.025. SCHEDULING OF BENEFIT REVIEW CONFERENCE;
493-21 NOTICE. (a) The commission by rule shall prescribe the time
493-22 within which a benefit review conference must be scheduled.
493-23 (b) At the time a benefit review conference is scheduled,
493-24 the commission shall schedule a contested case hearing to be held
493-25 not later than the 60th day after the date of the benefit review
493-26 conference if the disputed issues are not resolved at the benefit
493-27 review conference.
494-1 (c) The commission shall send written notice of the benefit
494-2 review conference to the parties to the claim and the employer.
494-3 (d) The commission by rule shall provide for expedited
494-4 proceedings in cases in which compensability or liability for
494-5 essential medical treatment is in dispute. (V.A.C.S. Arts.
494-6 8308-6.12(b), (d), (e) (part).)
494-7 Sec. 410.026. POWERS AND DUTIES OF BENEFIT REVIEW OFFICER.
494-8 (a) A benefit review officer shall:
494-9 (1) mediate disputes between the parties and assist in
494-10 the adjustment of the claim consistent with this subtitle and the
494-11 policies of the commission;
494-12 (2) thoroughly inform all parties of their rights and
494-13 responsibilities under this subtitle, especially in a case in which
494-14 the employee is not represented by an attorney or other
494-15 representative; and
494-16 (3) ensure that all documents and information relating
494-17 to the employee's wages, medical condition, and any other
494-18 information pertinent to the resolution of disputed issues are
494-19 contained in the claim file at the conference, especially in a case
494-20 in which the employee is not represented by an attorney or other
494-21 representative.
494-22 (b) A benefit review officer may reschedule a benefit review
494-23 conference if the benefit review officer determines that any
494-24 available information pertinent to the resolution of disputed
494-25 issues is not produced at the benefit review conference.
494-26 (c) A benefit review officer may not take testimony but may
494-27 direct questions to an employee, an employer, or a representative
495-1 of an insurance carrier to supplement or clarify information in a
495-2 claim file.
495-3 (d) A benefit review officer may not make a formal record.
495-4 (V.A.C.S. Art. 8308-6.13.)
495-5 Sec. 410.027. RULES. (a) The commission shall adopt rules
495-6 for conducting benefit review conferences.
495-7 (b) A benefit review conference is not subject to common law
495-8 or statutory rules of evidence or procedure. (V.A.C.S.
495-9 Art. 8308-6.14.)
495-10 Sec. 410.028. FAILURE TO ATTEND; ADMINISTRATIVE VIOLATION.
495-11 (a) A scheduled benefit review conference shall be conducted even
495-12 though a party fails to attend unless the benefit review officer
495-13 determines that good cause exists to reschedule the conference.
495-14 (b) A party commits a violation if the party fails to attend
495-15 a benefit review conference without good cause as determined by the
495-16 benefit review officer. A violation under this subsection is a
495-17 Class D administrative violation. (V.A.C.S. Art. 8308-6.12(e)
495-18 (part).)
495-19 Sec. 410.029. Resolution at Benefit Review Conference;
495-20 Written Agreement. (a) A dispute may be resolved either in whole
495-21 or in part at a benefit review conference.
495-22 (b) If the conference results in the resolution of some
495-23 disputed issues by agreement or in a settlement, the benefit review
495-24 officer shall reduce the agreement or the settlement to writing.
495-25 The benefit review officer and each party or the designated
495-26 representative of the party shall sign the agreement or settlement.
495-27 (c) A settlement takes effect on the date it is approved by
496-1 the director in accordance with Section 408.005. (V.A.C.S.
496-2 Art. 8308-6.15(a).)
496-3 Sec. 410.030. BINDING EFFECT OF AGREEMENT. (a) An
496-4 agreement signed in accordance with Section 410.029 is binding on
496-5 the insurance carrier through the conclusion of all matters
496-6 relating to the claim, unless the commission or a court, on a
496-7 finding of fraud, newly discovered evidence, or other good and
496-8 sufficient cause, relieves the insurance carrier of the effect of
496-9 the agreement.
496-10 (b) The agreement is binding on the claimant, if represented
496-11 by an attorney, to the same extent as on the insurance carrier. If
496-12 the claimant is not represented by an attorney, the agreement is
496-13 binding on the claimant through the conclusion of all matters
496-14 relating to the claim while the claim is pending before the
496-15 commission, unless the commission for good cause relieves the
496-16 claimant of the effect of the agreement. (V.A.C.S. Arts.
496-17 8308-6.15(b), (c).)
496-18 Sec. 410.031. INCOMPLETE RESOLUTION; REPORT. (a) If a
496-19 dispute is not entirely resolved at a benefit review conference,
496-20 the benefit review officer shall prepare a written report that
496-21 details each issue that is not settled at the conference.
496-22 (b) The report must also include:
496-23 (1) a statement of each resolved issue;
496-24 (2) a statement of each issue raised but not resolved;
496-25 (3) a statement of the position of the parties
496-26 regarding each unresolved issue;
496-27 (4) the officer's recommendation regarding each
497-1 unresolved issue;
497-2 (5) the officer's recommendations regarding the
497-3 payment or denial of benefits;
497-4 (6) a statement of any interlocutory orders entered
497-5 under Sections 410.032 and 410.033(a); and
497-6 (7) a statement of the procedures required to request
497-7 a contested case hearing or arbitration and a complete explanation
497-8 of the differences in those proceedings and the rights of the
497-9 parties to subsequent review of the determinations made in those
497-10 proceedings. (V.A.C.S. Art. 8308-6.15(d).)
497-11 Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY ORDER;
497-12 REIMBURSEMENT. (a) If a benefit review officer recommends that
497-13 benefits be paid or not paid, the benefit review officer may issue
497-14 an interlocutory order to pay or not pay the benefits.
497-15 (b) The subsequent injury fund shall reimburse an insurance
497-16 carrier for any overpayments of benefits made under an order
497-17 entered under this section if that order is reversed or modified at
497-18 a contested case hearing or at arbitration. The commission shall
497-19 adopt rules to provide for a periodic reimbursement schedule,
497-20 providing for reimbursement at least annually. (V.A.C.S.
497-21 Art. 8308-6.15(e).)
497-22 Sec. 410.033. MULTIPLE CARRIERS. (a) If there is a dispute
497-23 as to which of two or more insurance carriers is liable for
497-24 compensation for one or more compensable injuries, the benefit
497-25 review officer may issue an interlocutory order directing each
497-26 insurance carrier to pay a proportionate share of benefits due
497-27 pending a final decision on liability. The proportionate share is
498-1 computed by dividing the compensation due by the number of
498-2 insurance carriers involved.
498-3 (b) On final determination of liability, an insurance
498-4 carrier determined to be not liable for the payment of benefits is
498-5 entitled to reimbursement for the share paid by the insurance
498-6 carrier from any insurance carrier determined to be liable.
498-7 (V.A.C.S. Arts. 8308-6.15(f), (g).)
498-8 Sec. 410.034. FILING OF AGREEMENT AND REPORT. (a) The
498-9 benefit review officer shall file the signed agreement and the
498-10 report with the director.
498-11 (b) The commission by rule shall prescribe the times within
498-12 which the agreement and report must be filed.
498-13 (c) The director shall furnish a copy of the file-stamped
498-14 report to:
498-15 (1) the claimant;
498-16 (2) the employer; and
498-17 (3) the insurance carrier. (V.A.C.S. Art.
498-18 8308-6.15(h).)
498-19 (Sections 410.035-410.100 reserved for expansion)
498-20 SUBCHAPTER C. ARBITRATION
498-21 Sec. 410.101. PURPOSE. The purpose of arbitration is to:
498-22 (1) enter into formal, binding stipulations on issues
498-23 on which the parties agree;
498-24 (2) resolve issues on which the parties disagree; and
498-25 (3) render a final award with respect to all issues in
498-26 dispute. (V.A.C.S. Art. 8308-6.22.)
498-27 Sec. 410.102. ARBITRATORS; QUALIFICATIONS. (a) An
499-1 arbitrator must be an employee of the commission, except that the
499-2 commission may contract with qualified arbitrators on a
499-3 determination of special need.
499-4 (b) An arbitrator must:
499-5 (1) be a member of the National Academy of
499-6 Arbitrators;
499-7 (2) be on an approved list of the American Arbitration
499-8 Association or Federal Mediation and Conciliation Service; or
499-9 (3) meet qualifications established by the commission
499-10 by rule and be approved by an affirmative vote of at least two
499-11 commission members representing employers of labor and at least two
499-12 commission members representing wage earners.
499-13 (c) The commission shall require that each arbitrator have
499-14 appropriate training in the workers' compensation laws of this
499-15 state. The commission shall establish procedures to carry out this
499-16 subsection. (V.A.C.S. Arts. 8308-6.02(d) (part), (e).)
499-17 Sec. 410.103. DUTIES OF ARBITRATOR. An arbitrator shall:
499-18 (1) protect the interests of all parties;
499-19 (2) ensure that all relevant evidence has been
499-20 disclosed to the arbitrator and to all parties; and
499-21 (3) render an award consistent with this subtitle and
499-22 the policies of the commission. (V.A.C.S. Art. 8308-6.24(f).)
499-23 Sec. 410.104. ELECTION OF ARBITRATION; EFFECT. (a) If
499-24 issues remain unresolved after a benefit review conference, the
499-25 parties, by agreement, may elect to engage in arbitration in the
499-26 manner provided by this subchapter. Arbitration may be used only
499-27 to resolve disputed benefit issues and is an alternative to a
500-1 contested case hearing. A contested case hearing scheduled under
500-2 Section 410.025(b) is canceled by an election under this
500-3 subchapter.
500-4 (b) To elect arbitration, the parties must file the election
500-5 with the commission not later than the 20th day after the last day
500-6 of the benefit review conference. The commission shall prescribe a
500-7 form for that purpose.
500-8 (c) An election to engage in arbitration under this
500-9 subchapter is irrevocable and binding on all parties for the
500-10 resolution of all disputes arising out of the claims that are under
500-11 the jurisdiction of the commission.
500-12 (d) An agreement to elect arbitration binds the parties to
500-13 the provisions of Chapter 408 relating to benefits, and any award,
500-14 agreement, or settlement after arbitration is elected must comply
500-15 with that chapter. (V.A.C.S. Arts. 8308-6.21, 8308-6.25.)
500-16 Sec. 410.105. LISTS OF ARBITRATORS. (a) The commission
500-17 shall establish regional lists of arbitrators who meet the
500-18 qualifications prescribed under Sections 410.102(a) and (b). Each
500-19 regional list shall be initially prepared in a random name order,
500-20 and subsequent additions to a list shall be added chronologically.
500-21 (b) The commission shall review the lists of arbitrators
500-22 annually and determine if each arbitrator is fair and impartial and
500-23 makes awards that are consistent with and in accordance with this
500-24 subtitle and the rules of the commission. The commission shall
500-25 remove an arbitrator if after review the arbitrator does not
500-26 receive an affirmative vote of at least two commission members
500-27 representing employers of labor and at least two commission members
501-1 representing wage earners.
501-2 (c) The commission's lists are confidential and are not
501-3 subject to disclosure under the open records law, Chapter 424, Acts
501-4 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
501-5 Vernon's Texas Civil Statutes). The lists may not be revealed by
501-6 any commission employee to any person who is not a commission
501-7 employee. The lists are exempt from discovery in civil litigation
501-8 unless the party seeking the discovery establishes reasonable cause
501-9 to believe that a violation of the requirements of this section or
501-10 Section 410.106, 410.107, 410.108, or 410.109(b) occurred and that
501-11 the violation is relevant to the issues in dispute. (V.A.C.S.
501-12 Arts. 8308-6.02(d) (part), (f); 8308-6.23(a) (part), (d).)
501-13 Sec. 410.106. SELECTION OF ARBITRATOR. The commission shall
501-14 assign the arbitrator for a particular case by selecting the next
501-15 name after the previous case's selection in consecutive order. The
501-16 commission may not change the order of names once the order is
501-17 established under this subchapter, except that once each arbitrator
501-18 on the list has been assigned to a case, the names shall be
501-19 randomly reordered. (V.A.C.S. Art. 8308-6.23(a) (part).)
501-20 Sec. 410.107. ASSIGNMENT OF ARBITRATOR. (a) The commission
501-21 shall assign an arbitrator to a pending case not later than the
501-22 30th day after the date on which the election for arbitration is
501-23 filed with the commission.
501-24 (b) When an arbitrator has been assigned to a case under
501-25 Subsection (a), the parties shall be notified immediately.
501-26 (V.A.C.S. Arts. 8308-6.23(a) (part), (b) (part).)
501-27 Sec. 410.108. REJECTION OF ARBITRATOR. (a) Each party is
502-1 entitled, in its sole discretion, to one rejection of the
502-2 arbitrator in each case. If a party rejects the arbitrator, the
502-3 commission shall assign another arbitrator as provided by Section
502-4 410.106.
502-5 (b) A rejection must be made not later than the third day
502-6 after the date of notification of the arbitrator's assignment.
502-7 (c) When all parties have exercised their right of rejection
502-8 or if no rejection is registered, the assignment is final.
502-9 (V.A.C.S. Art. 8308-6.23(b) (part).)
502-10 Sec. 410.109. SCHEDULING OF ARBITRATION. (a) The
502-11 arbitrator shall schedule arbitration to be held not later than the
502-12 30th day after the date of the arbitrator's assignment and shall
502-13 notify the parties and the commission of the scheduled date.
502-14 (b) If an arbitrator is unable to schedule arbitration in
502-15 accordance with Subsection (a), the commission shall appoint the
502-16 next arbitrator on the applicable list. Each party is entitled to
502-17 reject the arbitrator appointed under this subsection in the manner
502-18 provided under Section 410.108. (V.A.C.S. Arts. 8308-6.23(c),
502-19 8308-6.24(a).)
502-20 Sec. 410.110. CONTINUANCE. (a) A request by a party for a
502-21 continuance of the arbitration to another date must be directed to
502-22 the director. The director may grant a continuance only if the
502-23 director determines, giving due regard to the availability of the
502-24 arbitrator, that good cause for the continuance exists.
502-25 (b) If the director grants a continuance under this section,
502-26 the rescheduled date may not be later than the 30th day after the
502-27 original date of the arbitration.
503-1 (c) Without regard to whether good cause exists, the
503-2 director may not grant more than one continuance to each party.
503-3 (V.A.C.S. Art. 8308-6.24(b).)
503-4 Sec. 410.111. RULES. The commission shall adopt rules for
503-5 arbitration consistent with generally recognized arbitration
503-6 principles and procedures. (V.A.C.S. Art. 8308-6.24(c).)
503-7 Sec. 410.112. EXCHANGE AND FILING OF INFORMATION;
503-8 ADMINISTRATIVE VIOLATION. (a) Not later than the seventh day
503-9 before the first day of arbitration, the parties shall exchange and
503-10 file with the arbitrator:
503-11 (1) all medical reports and other documentary evidence
503-12 not previously exchanged or filed that are pertinent to the
503-13 resolution of the claim; and
503-14 (2) information relating to their proposed resolution
503-15 of the disputed issues.
503-16 (b) A party commits a violation if the party, without good
503-17 cause as determined by the arbitrator, fails to comply with
503-18 Subsection (a). A violation under this subsection is a Class D
503-19 administrative violation. (V.A.C.S. Art. 8308-6.24(e).)
503-20 Sec. 410.113. DUTIES OF PARTIES AT ARBITRATION; ATTENDANCE;
503-21 ADMINISTRATIVE VIOLATION. (a) Each party shall attend the
503-22 arbitration prepared to set forth in detail its position on
503-23 unresolved issues and the issues on which it is prepared to
503-24 stipulate.
503-25 (b) A party commits a violation if the party does not attend
503-26 the arbitration unless the arbitrator determines that the party had
503-27 good cause not to attend. A violation under this subsection is a
504-1 Class D administrative violation. (V.A.C.S. Art. 8308-6.24(d).)
504-2 Sec. 410.114. TESTIMONY; RECORD. (a) The arbitrator may
504-3 require witnesses to testify under oath and shall require testimony
504-4 under oath if requested by a party.
504-5 (b) The commission shall make an electronic recording of the
504-6 proceeding.
504-7 (c) An official stenographic record is not required, but any
504-8 party may at the party's expense make a stenographic record of the
504-9 proceeding. (V.A.C.S. Art. 8308-6.24(g).)
504-10 Sec. 410.115. EVIDENCE. (a) The parties may offer evidence
504-11 as they desire and shall produce additional evidence as the
504-12 arbitrator considers necessary to an understanding and
504-13 determination of the dispute.
504-14 (b) The arbitrator is the judge of the relevance and
504-15 materiality of the evidence offered. Conformity to legal rules of
504-16 evidence is not required. (V.A.C.S. Art. 8308-6.24(h) (part).)
504-17 Sec. 410.116. CLOSING STATEMENTS; BRIEFS. The parties may
504-18 present closing statements as they desire, but the record may not
504-19 remain open for written briefs unless requested by the arbitrator.
504-20 (V.A.C.S. Art. 8308-6.24(h) (part).)
504-21 Sec. 410.117. EX PARTE CONTACTS PROHIBITED. A party and an
504-22 arbitrator may not communicate outside the arbitration unless the
504-23 communication is in writing with copies provided to all parties or
504-24 relates to procedural matters. (V.A.C.S. Art. 8308-6.24(i).)
504-25 Sec. 410.118. AWARD. (a) The arbitrator shall enter the
504-26 arbitrator's award not later than the seventh day after the last
504-27 day of arbitration.
505-1 (b) The arbitrator shall base the award on the facts
505-2 established at arbitration, including stipulations of the parties,
505-3 and on the law as properly applied to those facts.
505-4 (c) The award must:
505-5 (1) be in writing;
505-6 (2) be signed and dated by the arbitrator; and
505-7 (3) include a statement of the arbitrator's decision
505-8 on the contested issues and the parties' stipulations on
505-9 uncontested issues.
505-10 (d) The arbitrator shall file a copy of the award as part of
505-11 the permanent claim file at the commission and shall notify the
505-12 parties in writing of the decision. (V.A.C.S. Arts. 8308-6.26(a),
505-13 (b), (c).)
505-14 Sec. 410.119. EFFECT OF AWARD. (a) An arbitrator's award
505-15 is final and binding on all parties. Except as provided by Section
505-16 410.121, there is no right to appeal.
505-17 (b) An arbitrator's award is a final order of the
505-18 commission. (V.A.C.S. Arts. 8308-6.26(d), (e).)
505-19 Sec. 410.120. CLERICAL ERROR. For the purpose of correcting
505-20 a clerical error, an arbitrator retains jurisdiction of the award
505-21 for 20 days after the date of the award. (V.A.C.S. Art.
505-22 8308-6.27.)
505-23 Sec. 410.121. COURT VACATING AWARD. (a) On application of
505-24 an aggrieved party, a court of competent jurisdiction shall vacate
505-25 an arbitrator's award on a finding that:
505-26 (1) the award was procured by corruption, fraud, or
505-27 misrepresentation;
506-1 (2) the decision of the arbitrator was arbitrary and
506-2 capricious; or
506-3 (3) the award was outside the jurisdiction of the
506-4 commission.
506-5 (b) If an award is vacated, the case shall be remanded to
506-6 the commission for another arbitration proceeding.
506-7 (c) A suit to vacate an award must be filed not later than
506-8 the 30th day after:
506-9 (1) the date of the award; or
506-10 (2) the date the appealing party knew or should have
506-11 known of a basis for suit under this section, but in no event later
506-12 than 12 months after an order denying compensation or after the
506-13 expiration of the income or death benefit period.
506-14 (d) Venue for a suit to vacate an award is in the county in
506-15 which the arbitration was conducted.
506-16 (e) In a suit to vacate an arbitrator's award, only the
506-17 court may make determinations, including findings of fact or
506-18 conclusions of law. (V.A.C.S. Art. 8308-6.28.)
506-19 (Sections 410.122-410.150 reserved for expansion)
506-20 SUBCHAPTER D. CONTESTED CASE HEARING
506-21 Sec. 410.151. CONTESTED CASE HEARING; SCOPE. (a) If
506-22 arbitration is not elected under Section 410.104, a party to a
506-23 claim for which a benefit review conference is held or a party
506-24 eligible to proceed directly to a contested case hearing as
506-25 provided by Section 410.024 is entitled to a contested case
506-26 hearing.
506-27 (b) An issue that was not raised at a benefit review
507-1 conference or that was resolved at a benefit review conference may
507-2 not be considered unless:
507-3 (1) the parties consent; or
507-4 (2) if the issue was not raised, the commission
507-5 determines that good cause existed for not raising the issue at the
507-6 conference. (V.A.C.S. Art. 8308-6.31(a).)
507-7 Sec. 410.152. HEARING OFFICERS; QUALIFICATIONS. (a) A
507-8 hearing officer shall conduct a contested case hearing.
507-9 (b) A hearing officer must be licensed to practice law in
507-10 this state. (V.A.C.S. Art. 8308-6.02(c).)
507-11 Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
507-12 TEXAS REGISTER ACT. The Administrative Procedure and Texas
507-13 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
507-14 applies to a contested case hearing to the extent that the
507-15 commission finds appropriate, except that Sections 15 through 23 of
507-16 that Act do not apply. (V.A.C.S. Art. 8308-6.32.)
507-17 Sec. 410.154. SCHEDULING OF HEARING. The commission shall
507-18 schedule a contested case hearing in accordance with Section
507-19 410.024 or 410.025(b). (V.A.C.S. Art. 8308-6.31(b).)
507-20 Sec. 410.155. CONTINUANCE. (a) A written request by a
507-21 party for a continuance of a contested case hearing to another date
507-22 must be directed to the commission.
507-23 (b) The commission may grant a continuance only if the
507-24 commission determines that there is good cause for the continuance.
507-25 (V.A.C.S. Art. 8308-6.31(c).)
507-26 Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION.
507-27 (a) Each party shall attend a contested case hearing.
508-1 (b) A party commits a violation if the party, without good
508-2 cause as determined by the hearing officer, does not attend a
508-3 contested case hearing. A violation under this subsection is a
508-4 Class C administrative violation. (V.A.C.S. Art. 8308-6.34(f).)
508-5 Sec. 410.157. RULES. The commission shall adopt rules
508-6 governing procedures under which contested case hearings are
508-7 conducted. (V.A.C.S. Art. 8308-6.31(d).)
508-8 Sec. 410.158. DISCOVERY. (a) Except as provided by Section
508-9 410.162, discovery is limited to:
508-10 (1) depositions on written questions to any health
508-11 care provider;
508-12 (2) depositions of other witnesses as permitted by the
508-13 hearing officer for good cause shown; and
508-14 (3) interrogatories as prescribed by the commission.
508-15 (b) Discovery under Subsection (a) may not seek information
508-16 that may readily be derived from documentary evidence described in
508-17 Section 410.160. Answers to discovery under Subsection (a) need
508-18 not duplicate information that may readily be derived from
508-19 documentary evidence described in Section 410.160. (V.A.C.S. Arts.
508-20 8308-6.33(a), (c).)
508-21 Sec. 410.159. STANDARD INTERROGATORIES. (a) The commission
508-22 by rule shall prescribe standard form sets of interrogatories to
508-23 elicit information from claimants and insurance carriers.
508-24 (b) Standard interrogatories shall be answered by each party
508-25 and served on the opposing party within the time prescribed by
508-26 commission rule, unless the parties agree otherwise. (V.A.C.S.
508-27 Art. 8308-6.33(b).)
509-1 Sec. 410.160. EXCHANGE OF INFORMATION. Within the time
509-2 prescribed by commission rule, the parties shall exchange:
509-3 (1) all medical reports and reports of expert
509-4 witnesses who will be called to testify at the hearing;
509-5 (2) all medical records;
509-6 (3) any witness statements;
509-7 (4) the identity and location of any witness known to
509-8 the parties to have knowledge of relevant facts; and
509-9 (5) all photographs or other documents that a party
509-10 intends to offer into evidence at the hearing. (V.A.C.S. Art.
509-11 8308-6.33(d).)
509-12 Sec. 410.161. FAILURE TO DISCLOSE INFORMATION. A party who
509-13 fails to disclose information known to the party or documents that
509-14 are in the party's possession, custody, or control at the time
509-15 disclosure is required by Sections 410.158-410.160 may not
509-16 introduce the evidence at any subsequent proceeding before the
509-17 commission or in court on the claim unless good cause is shown for
509-18 not having disclosed the information or documents under those
509-19 sections. (V.A.C.S. Art. 8308-6.33(e).)
509-20 Sec. 410.162. ADDITIONAL DISCOVERY. For good cause shown, a
509-21 party may obtain permission from the hearing officer to conduct
509-22 additional discovery as necessary. (V.A.C.S. Art. 8308-6.33(f).)
509-23 Sec. 410.163. POWERS AND DUTIES OF HEARING OFFICER. (a) At
509-24 a contested case hearing the hearing officer shall:
509-25 (1) swear witnesses;
509-26 (2) receive testimony;
509-27 (3) allow examination and cross-examination of
510-1 witnesses;
510-2 (4) accept documents and other tangible evidence; and
510-3 (5) allow the presentation of evidence by affidavit.
510-4 (b) A hearing officer shall ensure the preservation of the
510-5 rights of the parties and the full development of facts required
510-6 for the determinations to be made. A hearing officer may permit
510-7 the use of summary procedures, if appropriate, including witness
510-8 statements, summaries, and similar measures to expedite the
510-9 proceedings. (V.A.C.S. Arts. 8308-6.34(a), (b).)
510-10 Sec. 410.164. RECORD. (a) The proceedings of a contested
510-11 case hearing shall be recorded electronically. A party may request
510-12 a transcript of the proceeding and shall pay the reasonable cost of
510-13 the transcription.
510-14 (b) A party may request that the proceedings of the
510-15 contested case hearing be recorded by a court reporter. The party
510-16 making the request shall bear the cost. (V.A.C.S. Arts.
510-17 8308-6.34(c), (d).)
510-18 Sec. 410.165. EVIDENCE. (a) The hearing officer is the
510-19 sole judge of the relevance and materiality of the evidence offered
510-20 and of the weight and credibility to be given to the evidence.
510-21 Conformity to legal rules of evidence is not necessary.
510-22 (b) A hearing officer may accept a written statement signed
510-23 by a witness and shall accept all written reports signed by a
510-24 health care provider. (V.A.C.S. Art. 8308-6.34(e) (part).)
510-25 Sec. 410.166. STIPULATIONS. A written stipulation or
510-26 agreement of the parties that is filed in the record or an oral
510-27 stipulation or agreement of the parties that is preserved in the
511-1 record is final and binding. (V.A.C.S. Art. 8308-6.34(e) (part).)
511-2 Sec. 410.167. EX PARTE CONTACTS PROHIBITED. A party and a
511-3 hearing officer may not communicate outside the contested case
511-4 hearing unless the communication is in writing with copies provided
511-5 to all parties or relates to procedural matters. (V.A.C.S. Art.
511-6 8308-6.34(i).)
511-7 Sec. 410.168. DECISION. (a) The hearing officer shall
511-8 issue a written decision that includes:
511-9 (1) findings of fact and conclusions of law;
511-10 (2) a determination of whether benefits are due; and
511-11 (3) an award of benefits due.
511-12 (b) On a form that the commission by rule prescribes, the
511-13 hearing officer shall issue a separate written decision regarding
511-14 attorney's fees and any matter related to attorney's fees. The
511-15 decision regarding attorney's fees and the form may not be made
511-16 known to a jury in a judicial review of an award, including an
511-17 appeal.
511-18 (c) The commission by rule shall prescribe the times within
511-19 which the hearing officer must file the decisions with the
511-20 division.
511-21 (d) The division shall send a copy of the decision to each
511-22 party. (V.A.C.S. Art. 8308-6.34(g).)
511-23 Sec. 410.169. EFFECT OF DECISION. A decision of a hearing
511-24 officer regarding benefits is final in the absence of a timely
511-25 appeal by a party and is binding during the pendency of an appeal
511-26 to the appeals panel. (V.A.C.S. Art. 8308-6.34(h).)
511-27 (Sections 410.170-410.200 reserved for expansion)
512-1 SUBCHAPTER E. APPEALS PANEL
512-2 Sec. 410.201. APPEALS JUDGES; QUALIFICATIONS. (a) Appeals
512-3 judges, in panels of three, shall conduct administrative appeals
512-4 proceedings.
512-5 (b) An appeals judge must be licensed to practice law in
512-6 this state.
512-7 (c) An appeals judge may not conduct a benefit review
512-8 conference or a contested case hearing. (V.A.C.S. Art.
512-9 8308-6.02(g).)
512-10 Sec. 410.202. REQUEST FOR APPEAL; RESPONSE. (a) To appeal
512-11 the decision of a hearing officer, a party shall file a written
512-12 request for appeal with the appeals panel not later than the 15th
512-13 day after the date on which the decision of the hearing officer is
512-14 received from the division and shall on the same date serve a copy
512-15 of the request for appeal on the other party.
512-16 (b) The respondent shall file a written response with the
512-17 appeals panel not later than the 15th day after the date on which
512-18 the copy of the request for appeal is served and shall on the same
512-19 date serve a copy of the response on the appellant.
512-20 (c) A request for appeal or a response must clearly and
512-21 concisely rebut or support the decision of the hearing officer on
512-22 each issue on which review is sought. (V.A.C.S. Art. 8308-6.41.)
512-23 Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY
512-24 OF HEARING ON REMAND. (a) An appeals panel shall consider:
512-25 (1) the record developed at the contested case
512-26 hearing; and
512-27 (2) the written request for appeal and response filed
513-1 with the appeals panel.
513-2 (b) An appeals panel may:
513-3 (1) affirm the decision of the hearing officer;
513-4 (2) reverse that decision and render a new decision;
513-5 or
513-6 (3) reverse that decision and remand the case to the
513-7 hearing officer for further consideration and development of
513-8 evidence.
513-9 (c) An appeals panel may not remand a case under Subsection
513-10 (b)(3) more than once.
513-11 (d) A hearing on remand shall be accelerated and the
513-12 commission shall adopt rules to give priority to the hearing over
513-13 other proceedings. (V.A.C.S. Arts. 8308-6.42(a), (b).)
513-14 Sec. 410.204. DECISION. (a) An appeals panel shall issue a
513-15 decision that determines each issue on which review was requested.
513-16 The decision must be in writing and shall be issued not later than
513-17 the 30th day after the date on which the written response to the
513-18 request for appeal is filed. The appeals panel shall file a copy
513-19 of the decision with the director.
513-20 (b) A copy of the decision of the appeals panel shall be
513-21 sent to each party not later than the seventh day after the date
513-22 the decision is filed with the commission.
513-23 (c) If an appeals panel does not issue its decision in
513-24 accordance with this section, the decision of the hearing officer
513-25 becomes final and is the final decision of the appeals panel.
513-26 (V.A.C.S. Art. 8308-6.42(c).)
513-27 Sec. 410.205. EFFECT OF DECISION; REIMBURSEMENT FOR
514-1 OVERPAYMENT. (a) A decision of an appeals panel regarding
514-2 benefits is final in the absence of a timely appeal for judicial
514-3 review.
514-4 (b) The decision of the appeals panel regarding benefits is
514-5 binding during the pendency of an appeal under Subchapter F or G.
514-6 (c) If the court of last resort in the case finally modifies
514-7 or reverses an appeals panel decision awarding benefits, the
514-8 insurance carrier who has paid benefits as required by this section
514-9 may recover reimbursement of any benefit overpayments from the
514-10 subsequent injury fund. (V.A.C.S. Arts. 8308-6.42(d), (e).)
514-11 Sec. 410.206. CLERICAL ERROR. The executive director may
514-12 revise a decision in a contested case hearing on a finding of
514-13 clerical error. (V.A.C.S. Art. 8308-6.44.)
514-14 Sec. 410.207. CONTINUATION OF COMMISSION JURISDICTION.
514-15 During judicial review of an appeals panel decision on any disputed
514-16 issue relating to a workers' compensation claim, the commission
514-17 retains jurisdiction of all other issues related to the claim.
514-18 (V.A.C.S. Art. 8308-6.43.)
514-19 Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
514-20 ADMINISTRATIVE VIOLATION. (a) If an insurance carrier refuses or
514-21 fails to comply with a final order or decision of the commission,
514-22 the claimant may bring suit in the county of the claimant's
514-23 residence or the county in which the injury occurred to enforce the
514-24 award as a final and binding order of the commission.
514-25 (b) In addition to a judgment enforcing the order, the
514-26 claimant is entitled to a penalty equal to 12 percent of the amount
514-27 of benefits recovered in the judgment and interest, with reasonable
515-1 attorney's fees for the prosecution and collection of the claim.
515-2 (c) A person commits a violation if the person fails or
515-3 refuses to comply with a commission order or decision within 20
515-4 days after the date the order or decision becomes final. A
515-5 violation under this subsection is a Class A administrative
515-6 violation. (V.A.C.S. Art. 8308-6.45.)
515-7 (Sections 410.209-410.250 reserved for expansion)
515-8 SUBCHAPTER F. JUDICIAL REVIEW--GENERAL PROVISIONS
515-9 Sec. 410.251. EXHAUSTION OF REMEDIES. A party that has
515-10 exhausted its administrative remedies under this subtitle and that
515-11 is aggrieved by a final decision of the appeals panel may seek
515-12 judicial review under this subchapter and Subchapter G, if
515-13 applicable. (V.A.C.S. Art. 8308-6.61(a) (part).)
515-14 Sec. 410.252. TIME FOR FILING PETITION; VENUE. (a) A party
515-15 may seek judicial review by filing suit not later than the 40th day
515-16 after the date on which the decision of the appeals panel was filed
515-17 with the division.
515-18 (b) The party bringing suit to appeal the decision must file
515-19 a petition with the appropriate court in:
515-20 (1) the county where the employee resided at the time
515-21 of the injury or death, if the employee is deceased; or
515-22 (2) in the case of an occupational disease, in the
515-23 county where the employee resided on the date disability began or
515-24 any county agreed to by the parties. (V.A.C.S. Arts. 8308-6.61(a)
515-25 (part), (b), (c).)
515-26 Sec. 410.253. SERVICE. A copy of the petition shall be
515-27 simultaneously filed with the court and the commission and served
516-1 on any opposing party. (V.A.C.S. Art. 8308-6.61(d).)
516-2 Sec. 410.254. COMMISSION INTERVENTION. On timely motion
516-3 initiated by the executive director, the commission shall be
516-4 permitted to intervene in any judicial proceeding under this
516-5 subchapter or Subchapter G. (V.A.C.S. Art. 8308-6.61(e).)
516-6 Sec. 410.255. JUDICIAL REVIEW OF ISSUES OTHER THAN
516-7 COMPENSABILITY OR INCOME OR DEATH BENEFITS. (a) For all issues
516-8 other than those covered under Section 410.301(a), judicial review
516-9 shall be conducted in the manner provided for judicial review of a
516-10 contested case under Section 19, Administrative Procedure and Texas
516-11 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
516-12 (b) Judicial review conducted under this section is governed
516-13 by the substantial evidence rule. (V.A.C.S. Art. 8308-6.64.)
516-14 Sec. 410.256. COURT APPROVAL OF SETTLEMENT. (a) The trial
516-15 court must approve a settlement made by the parties after judicial
516-16 review of an award is sought and before the court enters judgment.
516-17 The court may not approve a settlement except on a finding that:
516-18 (1) the settlement accurately reflects the agreement
516-19 between the parties;
516-20 (2) the settlement adheres to all appropriate
516-21 provisions of the law; and
516-22 (3) under the law and facts, the settlement is in the
516-23 best interest of the claimant.
516-24 (b) A settlement may not provide for:
516-25 (1) payment of any benefits in a lump sum except as
516-26 provided by Section 408.128; or
516-27 (2) the limitation or termination of the claimant's
517-1 right to medical benefits under Section 408.021.
517-2 (c) A settlement or agreement that resolves an issue of
517-3 impairment may not be made before the claimant reaches maximum
517-4 medical improvement and must adopt one of the impairment ratings
517-5 under Subchapter G, Chapter 408.
517-6 (d) A party proposing a settlement before judgment is
517-7 entered by the trial court may petition the court orally or in
517-8 writing for approval of the settlement. (V.A.C.S. Art. 8308-6.63.)
517-9 (Sections 410.257-410.300 reserved for expansion)
517-10 SUBCHAPTER G. JUDICIAL REVIEW OF ISSUES
517-11 REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
517-12 Sec. 410.301. JUDICIAL REVIEW OF ISSUES REGARDING
517-13 COMPENSABILITY OR INCOME OR DEATH BENEFITS. (a) Judicial review
517-14 of a final decision of a commission appeals panel regarding
517-15 compensability or eligibility for or the amount of income or death
517-16 benefits shall be conducted as provided by this subchapter.
517-17 (b) A determination of benefits before a court shall be in
517-18 accordance with this subtitle. (V.A.C.S. Arts. 8308-6.62(a), (l).)
517-19 Sec. 410.302. LIMITATION OF ISSUES. A trial under this
517-20 subchapter is limited to issues decided by the commission appeals
517-21 panel and on which judicial review is sought. The pleadings must
517-22 specifically set forth the determinations of the appeals panel by
517-23 which the party is aggrieved. (V.A.C.S. Art. 8308-6.62(b).)
517-24 Sec. 410.303. BURDEN OF PROOF. The party appealing the
517-25 decision on an issue described in Section 410.301(a) has the burden
517-26 of proof by a preponderance of the evidence. (V.A.C.S. Art.
517-27 8308-6.62(c) (part).)
518-1 Sec. 410.304. CONSIDERATION OF APPEALS PANEL DECISION. (a)
518-2 In a jury trial, the court, before submitting the case to the jury,
518-3 shall inform the jury in the court's instructions, charge, or
518-4 questions to the jury of the commission appeals panel decision on
518-5 each disputed issue described by Section 410.301(a) that is
518-6 submitted to the jury.
518-7 (b) In a trial to the court without a jury, the court in
518-8 rendering its judgment on an issue described by Section 410.301(a)
518-9 shall consider the decision of the commission appeals panel.
518-10 (V.A.C.S. Art. 8308-6.62(c) (part).)
518-11 Sec. 410.305. CONFLICT WITH RULES OF CIVIL PROCEDURE. (a)
518-12 To the extent that this subchapter conflicts with the Texas Rules
518-13 of Civil Procedure or any other rules adopted by the supreme court,
518-14 this subchapter controls.
518-15 (b) Notwithstanding Section 22.004, Government Code, or any
518-16 other law, the supreme court may not adopt rules in conflict with
518-17 or inconsistent with this subchapter. (V.A.C.S. Art. 8308-6.62(c)
518-18 (part).)
518-19 Sec. 410.306. EVIDENCE. (a) Evidence shall be adduced as
518-20 in other civil trials.
518-21 (b) The commission on payment of a reasonable fee shall make
518-22 available to the parties a certified copy of the commission's
518-23 record. All facts and evidence the record contains are admissible
518-24 to the extent allowed under the Texas Rules of Civil Evidence.
518-25 (c) Except as provided by Section 410.307, evidence of
518-26 extent of impairment shall be limited to that presented to the
518-27 commission. The court or jury, in its determination of the extent
519-1 of impairment, shall adopt one of the impairment ratings under
519-2 Subchapter G, Chapter 408. (V.A.C.S. Art. 8308-6.62(d).)
519-3 Sec. 410.307. SUBSTANTIAL CHANGE OF CONDITION. (a)
519-4 Evidence of the extent of impairment is not limited to that
519-5 presented to the commission if the court, after a hearing, finds
519-6 that there is a substantial change of condition. The court's
519-7 finding of a substantial change of condition may be based only on:
519-8 (1) medical evidence from the same doctor or doctors
519-9 whose testimony or opinion was presented to the commission;
519-10 (2) evidence that has come to the party's knowledge
519-11 since the contested case hearing;
519-12 (3) evidence that could not have been discovered
519-13 earlier with due diligence by the party; and
519-14 (4) evidence that would probably produce a different
519-15 result if it is admitted into evidence at the trial.
519-16 (b) If substantial change of condition is disputed, the
519-17 court shall require the designated doctor in the case to verify the
519-18 substantial change of condition, if any. The findings of the
519-19 designated doctor shall be presumed to be correct, and the court
519-20 shall base its finding on the medical evidence presented by the
519-21 designated doctor in regard to substantial change of condition
519-22 unless the preponderance of the other medical evidence is to the
519-23 contrary.
519-24 (c) The substantial change of condition must be confirmable
519-25 by recognized laboratory or diagnostic tests or signs confirmable
519-26 by physical examination.
519-27 (d) If the court finds a substantial change of condition
520-1 under this section, new medical evidence of the extent of
520-2 impairment must be from and is limited to the same doctor or
520-3 doctors who made impairment ratings before the commission under
520-4 Section 408.123.
520-5 (e) The court's finding of a substantial change of condition
520-6 may not be made known to the jury.
520-7 (f) The court or jury in its determination of the extent of
520-8 impairment shall adopt one of the impairment ratings made under
520-9 this section. (V.A.C.S. Arts. 8308-6.62(e), (f), (g), (h), (i),
520-10 (j).)
520-11 Sec. 410.308. CERTIFIED COPY OF NOTICE SECURING
520-12 COMPENSATION. (a) The commission or the Texas Department of
520-13 Insurance shall furnish any interested party in the claim with a
520-14 certified copy of the notice of the employer securing compensation
520-15 with the insurance carrier, filed with the commission.
520-16 (b) The certified copy of the notice is admissible in
520-17 evidence on trial of the claim pending and is prima facie proof of
520-18 the facts stated in the notice unless the facts are denied under
520-19 oath by the opposing party. (V.A.C.S. Art. 8308-6.62(k).)
520-20 CHAPTER 411. WORKERS' HEALTH AND SAFETY
520-21 SUBCHAPTER A. GENERAL PROVISIONS
520-22 Sec. 411.001. DEFINITIONS
520-23 Sec. 411.002. APPLICATION
520-24 Sec. 411.003. IMMUNITY FROM CERTAIN LIABILITY
520-25 Sec. 411.004. EXCLUSIVE REMEDY
520-26 (Sections 411.005-411.010 reserved for expansion)
520-27 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
521-1 Sec. 411.011. COORDINATION AND ENFORCEMENT OF STATE LAWS
521-2 AND RULES
521-3 Sec. 411.012. COLLECTION AND ANALYSIS OF INFORMATION
521-4 Sec. 411.013. FEDERAL CONTRACTS AND PROGRAMS
521-5 Sec. 411.014. EDUCATIONAL PROGRAMS; COOPERATION WITH
521-6 OTHER ENTITIES
521-7 Sec. 411.015. EDUCATIONAL PUBLICATIONS
521-8 Sec. 411.016. PEER REVIEW SAFETY PROGRAM
521-9 Sec. 411.017. ADVISORY SERVICE TO INSURANCE CARRIERS
521-10 Sec. 411.018. FEDERAL OSHA COMPLIANCE
521-11 (Sections 411.019-411.030 reserved for expansion)
521-12 SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
521-13 Sec. 411.031. JOB SAFETY INFORMATION SYSTEM; COOPERATION
521-14 WITH OTHER AGENCIES
521-15 Sec. 411.032. EMPLOYER INJURY AND OCCUPATIONAL
521-16 DISEASE REPORT
521-17 Sec. 411.033. JOB SAFETY DATA BASE
521-18 Sec. 411.034. CONFIDENTIALITY REQUIREMENT
521-19 Sec. 411.035. USE OF INJURY REPORT
521-20 (Sections 411.036-411.040 reserved for expansion)
521-21 SUBCHAPTER D. EXTRA-HAZARDOUS EMPLOYER PROGRAM
521-22 Sec. 411.041. IDENTIFICATION OF EXTRA-HAZARDOUS EMPLOYER
521-23 Sec. 411.042. NOTIFICATION TO EXTRA-HAZARDOUS EMPLOYER
521-24 AND INSURANCE CARRIER
521-25 Sec. 411.043. SAFETY CONSULTATION; REPORT; ACCIDENT
521-26 PREVENTION PLAN
521-27 Sec. 411.044. ACCIDENT INVESTIGATION
522-1 Sec. 411.045. COMPLIANCE CERTIFICATION
522-2 Sec. 411.046. ADMINISTRATIVE VIOLATION
522-3 Sec. 411.047. ADDITIONAL SAFETY PLAN
522-4 Sec. 411.048. COSTS CHARGED TO EMPLOYER
522-5 Sec. 411.049. HEARING
522-6 Sec. 411.050. ADMISSIBILITY OF IDENTIFICATION AS
522-7 EXTRA-HAZARDOUS EMPLOYER
522-8 (Sections 411.051-411.060 reserved for expansion)
522-9 SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
522-10 Sec. 411.061. ACCIDENT PREVENTION SERVICES; PREREQUISITE
522-11 FOR LICENSE
522-12 Sec. 411.062. FIELD SAFETY REPRESENTATIVE; QUALIFICATIONS
522-13 Sec. 411.063. ACCIDENT PREVENTION PERSONNEL
522-14 Sec. 411.064. INSPECTIONS
522-15 Sec. 411.065. ANNUAL INFORMATION SUBMITTED BY INSURANCE
522-16 COMPANY
522-17 Sec. 411.066. NOTICE TO POLICYHOLDERS
522-18 Sec. 411.067. COMMISSION PERSONNEL
522-19 Sec. 411.068. ADMINISTRATIVE VIOLATION
522-20 (Sections 411.069-411.080 reserved for expansion)
522-21 SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS
522-22 Sec. 411.081. TELEPHONE HOTLINE
522-23 Sec. 411.082. EMPLOYER RETALIATION PROHIBITED
522-24 Sec. 411.083. JUDICIAL RELIEF FOR EMPLOYER RETALIATION
522-25 (Sections 411.084-411.090 reserved for expansion)
522-26 SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
522-27 Sec. 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE POLICY
523-1 BY EMPLOYER
523-2 Sec. 411.092. ENFORCEMENT; RULES
523-3 CHAPTER 411. WORKERS' HEALTH AND SAFETY
523-4 SUBCHAPTER A. GENERAL PROVISIONS
523-5 Sec. 411.001. DEFINITIONS. In this chapter:
523-6 (1) "Division" means the division of workers' health
523-7 and safety of the commission.
523-8 (2) "Employer" means a person who makes a contract of
523-9 hire. (New; V.A.C.S. Art. 8308-7.01(a).)
523-10 Sec. 411.002. APPLICATION. (a) An employer who obtains
523-11 workers' compensation insurance coverage is subject to this
523-12 chapter.
523-13 (b) An employer is subject to this chapter if the employer:
523-14 (1) is not required to and does not obtain workers'
523-15 compensation insurance coverage; and
523-16 (2) employs five or more employees not exempt from
523-17 workers' compensation insurance coverage.
523-18 (c) Notwithstanding Subsection (b), until January 1, 1994,
523-19 an employer who is not required to and does not obtain workers'
523-20 compensation insurance coverage is subject to this chapter if the
523-21 employer employs:
523-22 (1) 150 or more employees not exempt from workers'
523-23 compensation insurance coverage beginning January 1, 1992; or
523-24 (2) 50 or more employees not exempt from workers'
523-25 compensation insurance coverage beginning January 1, 1993.
523-26 (V.A.C.S. Arts. 8308-7.01(b), (c), (d).)
523-27 Sec. 411.003. IMMUNITY FROM CERTAIN LIABILITY. (a) An
524-1 insurance company, the agent, servant, or employee of the insurance
524-2 company, or a safety consultant who performs a safety consultation
524-3 under Subchapter D or E has no liability for an accident based on
524-4 an allegation that the accident was caused or could have been
524-5 prevented by a program, inspection, or other activity or service
524-6 undertaken by the insurance company for the prevention of accidents
524-7 in connection with operations of the employer.
524-8 (b) The immunity provided by Subsection (a) does not affect
524-9 the liability of an insurance carrier for compensation or as
524-10 otherwise provided in this subtitle. (V.A.C.S. Art. 8308-7.06.)
524-11 Sec. 411.004. EXCLUSIVE REMEDY. Except as specifically
524-12 provided by Subchapter F, this chapter does not create an
524-13 independent cause of action at law or in equity. This chapter
524-14 provides the sole remedy for violation of this chapter. (V.A.C.S.
524-15 Art. 8308-7.09.)
524-16 (Sections 411.005-411.010 reserved for expansion)
524-17 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
524-18 Sec. 411.011. COORDINATION AND ENFORCEMENT OF STATE LAWS AND
524-19 RULES. The division shall coordinate and enforce the
524-20 implementation of state laws and rules relating to workers' health
524-21 and safety issues. (V.A.C.S. Art. 8308-7.02(a).)
524-22 Sec. 411.012. COLLECTION AND ANALYSIS OF INFORMATION. (a)
524-23 The division shall collect and serve as a repository for
524-24 statistical information on workers' health and safety. The
524-25 division shall analyze and use that information to:
524-26 (1) identify and assign priorities to safety needs;
524-27 and
525-1 (2) better coordinate the safety services provided by
525-2 public or private organizations, including insurance carriers.
525-3 (b) The division shall coordinate or supervise the
525-4 collection by state or federal entities of information relating to
525-5 job safety, including information collected for the supplementary
525-6 data system and the annual survey of the Bureau of Labor Statistics
525-7 of the United States Department of Labor. (V.A.C.S. Arts.
525-8 8308-7.02(b) (part), (c).)
525-9 Sec. 411.013. FEDERAL CONTRACTS AND PROGRAMS. With the
525-10 approval of the commission, the division may:
525-11 (1) enter into contracts with the federal government
525-12 to perform occupational safety projects; and
525-13 (2) apply for federal funds through any federal
525-14 program relating to occupational safety. (V.A.C.S. Art.
525-15 8308-7.02(d).)
525-16 Sec. 411.014. EDUCATIONAL PROGRAMS; COOPERATION WITH OTHER
525-17 ENTITIES. (a) The division shall promote workers' health and
525-18 safety through educational and other innovative programs developed
525-19 by the division.
525-20 (b) The division shall cooperate with other entities in the
525-21 development and approval of safety courses, safety plans, and
525-22 safety programs.
525-23 (c) The division shall cooperate with business and industry
525-24 trade associations, labor organizations, and other entities to
525-25 develop means and methods of educating employees and employers
525-26 concerning workplace safety. (V.A.C.S. Arts. 8308-7.02(b) (part),
525-27 (f), (g).)
526-1 Sec. 411.015. EDUCATIONAL PUBLICATIONS. (a) The division
526-2 shall publish or procure and issue educational books, pamphlets,
526-3 brochures, films, videotapes, and other informational and
526-4 educational material.
526-5 (b) Specific educational material shall be directed to
526-6 high-risk industries and employments and must specifically address
526-7 means and methods of avoiding high frequency, but preventable,
526-8 workers' injuries.
526-9 (c) Other educational material shall be directed to business
526-10 and industry generally and must specifically address means and
526-11 methods of avoiding common workers' injuries.
526-12 (d) The division shall make specific decisions regarding the
526-13 issues and problems to be addressed by the educational materials
526-14 after assigning appropriate priorities based on frequency of
526-15 injuries, degree of hazard, severity of injuries, and similar
526-16 considerations.
526-17 (e) The educational materials provided under this section
526-18 must include specific references to:
526-19 (1) the requirements of state and federal laws and
526-20 regulations;
526-21 (2) recommendations and practices of business,
526-22 industry, and trade associations; and
526-23 (3) if needed, recommended work practices based on
526-24 recommendations made by the division for the prevention of injury.
526-25 (V.A.C.S. Art. 8308-7.02(e).)
526-26 Sec. 411.016. PEER REVIEW SAFETY PROGRAM. The division
526-27 shall certify safe employers to provide peer review safety
527-1 programs. (V.A.C.S. Art. 8308-7.02(h).)
527-2 Sec. 411.017. ADVISORY SERVICE TO INSURANCE CARRIERS. The
527-3 division shall advise insurance carrier loss control service
527-4 organizations of safety needs and priorities developed by the
527-5 division and of:
527-6 (1) hazard classifications, specific employers,
527-7 industries, occupations, or geographic regions to which loss
527-8 control services should be directed; or
527-9 (2) the identity and types of injuries or occupational
527-10 diseases and means and methods for prevention of those injuries or
527-11 diseases to which loss control services should be directed.
527-12 (V.A.C.S. Art. 8308-7.02(i).)
527-13 Sec. 411.018. FEDERAL OSHA COMPLIANCE. In accordance with
527-14 Section 7(c), Occupational Safety and Health Act of 1970 (29 U.S.C.
527-15 Section 656), the division shall:
527-16 (1) consult with employers regarding compliance with
527-17 federal occupational safety laws and rules; and
527-18 (2) collect information relating to occupational
527-19 safety as required by federal laws, rules, or agreements.
527-20 (V.A.C.S. Art. 8308-7.02(j).)
527-21 (Sections 411.019-411.030 reserved for expansion)
527-22 SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
527-23 Sec. 411.031. JOB SAFETY INFORMATION SYSTEM; COOPERATION
527-24 WITH OTHER AGENCIES. (a) The division shall maintain a job safety
527-25 information system.
527-26 (b) The division shall obtain from any state agency,
527-27 including the Texas Department of Insurance, the Texas Department
528-1 of Health, and the Texas Employment Commission, data and
528-2 statistics, including data and statistics compiled for rate-making
528-3 purposes.
528-4 (c) The division shall consult with the Texas Department of
528-5 Insurance and the Texas Employment Commission in the design of data
528-6 information and retrieval systems to accomplish the mutual purposes
528-7 of those agencies and of the division. (V.A.C.S. Art.
528-8 8308-7.03(a).)
528-9 Sec. 411.032. EMPLOYER INJURY AND OCCUPATIONAL DISEASE
528-10 REPORT. (a) An employer shall file with the commission a report
528-11 of each:
528-12 (1) on-the-job injury that results in the employee's
528-13 absence from work for more than one day; and
528-14 (2) occupational disease of which the employer has
528-15 knowledge.
528-16 (b) The commission shall adopt rules and prescribe the form
528-17 and manner of reports filed under this section. (V.A.C.S. Art.
528-18 8308-7.03(b).)
528-19 Sec. 411.033. JOB SAFETY DATA BASE. The job safety
528-20 information system must include a comprehensive data base that
528-21 incorporates all pertinent information relating to each injury
528-22 reported under Section 411.032, including:
528-23 (1) the age, sex, wage level, occupation, and
528-24 insurance company payroll classification code of the injured
528-25 employee;
528-26 (2) the nature, source, and severity of the injury;
528-27 (3) the reported cause of the injury;
529-1 (4) the part of the body affected;
529-2 (5) any equipment involved in the injury;
529-3 (6) the number of prior workers' compensation claims
529-4 by the employee;
529-5 (7) the prior loss history of the employer;
529-6 (8) the standard industrial classification code of the
529-7 employer;
529-8 (9) the classification code of the employer; and
529-9 (10) any other information considered useful for
529-10 statistical analysis. (V.A.C.S. Art. 8308-7.03(c).)
529-11 Sec. 411.034. CONFIDENTIALITY REQUIREMENT. The identity of
529-12 an employee in a report filed under Section 411.032 is confidential
529-13 and may not be disclosed as part of the job safety information
529-14 system. (V.A.C.S. Art. 8308-7.03(d).)
529-15 Sec. 411.035. USE OF INJURY REPORT. A report made under
529-16 Section 411.032 may not be considered to be an admission by or
529-17 evidence against an employer or an insurance carrier in a
529-18 proceeding before the commission or a court in which the facts set
529-19 out in the report are contradicted by the employer or insurance
529-20 carrier. (V.A.C.S. Art. 8308-5.05(b) (part).)
529-21 (Sections 411.036-411.040 reserved for expansion)
529-22 SUBCHAPTER D. EXTRA-HAZARDOUS EMPLOYER PROGRAM
529-23 Sec. 411.041. IDENTIFICATION OF EXTRA-HAZARDOUS EMPLOYER.
529-24 (a) The division shall develop a program to identify
529-25 extra-hazardous employers. The program must include analysis of
529-26 injury frequency.
529-27 (b) An employer whose injury frequencies substantially
530-1 exceed those that may reasonably be expected in that employer's
530-2 business or industry is an extra-hazardous employer. (V.A.C.S.
530-3 Art. 8308-7.04(a) (part).)
530-4 Sec. 411.042. NOTIFICATION TO EXTRA-HAZARDOUS EMPLOYER AND
530-5 INSURANCE CARRIER. The division shall notify each employer
530-6 identified as an extra-hazardous employer and the insurance carrier
530-7 for that employer that the employer has been identified as an
530-8 extra-hazardous employer. (V.A.C.S. Art. 8308-7.04(a) (part).)
530-9 Sec. 411.043. SAFETY CONSULTATION; REPORT; ACCIDENT
530-10 PREVENTION PLAN. (a) Not later than the 30th day after the date
530-11 an employer receives notice under Section 411.042, the employer
530-12 shall obtain a safety consultation from:
530-13 (1) the division;
530-14 (2) the employer's insurance carrier; or
530-15 (3) another professional source approved by the
530-16 division for that purpose.
530-17 (b) The safety consultant shall file a written report with
530-18 the commission and the employer setting out any hazardous
530-19 conditions or practices identified by the safety consultation.
530-20 (c) The employer and the consultant shall formulate a
530-21 specific accident prevention plan that addresses the hazards
530-22 identified by the consultant. The division may monitor the
530-23 implementation of the accident prevention plan as it considers
530-24 necessary.
530-25 (d) An employer shall comply with the accident prevention
530-26 plan developed under this section. (V.A.C.S. Arts. 8308-7.04(b),
530-27 (c), (d) (part).)
531-1 Sec. 411.044. ACCIDENT INVESTIGATION. The division may
531-2 investigate an accident occurring at the worksite of an employer
531-3 for whom a plan has been formulated under Section 411.043.
531-4 (V.A.C.S. Art. 8308-7.04(d) (part).)
531-5 Sec. 411.045. COMPLIANCE CERTIFICATION. (a) Six months
531-6 after the formulation of an accident prevention plan under Section
531-7 411.043, the division shall conduct a follow-up inspection of the
531-8 employer's premises. The commission may require the participation
531-9 of the safety consultant who performed the initial consultation and
531-10 formulated the safety plan.
531-11 (b) If the division determines that the employer has
531-12 complied with the terms of the accident prevention plan or has
531-13 implemented other acceptable corrective measures, the division
531-14 shall so certify. (V.A.C.S. Art. 8308-7.04(e) (part).)
531-15 Sec. 411.046. ADMINISTRATIVE VIOLATION. (a) An employer
531-16 commits an administrative violation if the employer fails or
531-17 refuses to implement an accident prevention plan or other suitable
531-18 hazard abatement measures required by this subchapter.
531-19 (b) A violation under Subsection (a) is a Class B
531-20 administrative violation. Each day of noncompliance constitutes a
531-21 separate violation. (V.A.C.S. Art. 8308-7.04(e) (part).)
531-22 Sec. 411.047. ADDITIONAL SAFETY PLAN. (a) If at the time
531-23 of the follow-up inspection under Section 411.045 the employer is
531-24 exceeding the injury frequencies that may reasonably be expected in
531-25 the employer's business or industry, the division shall continue to
531-26 monitor the safety conditions at that worksite and may formulate
531-27 additional safety plans reasonably designed to abate hazards.
532-1 (b) The employer shall comply with the additional plans and
532-2 is subject to additional penalties for failure to implement those
532-3 plans. (V.A.C.S. Art. 8308-7.04(f).)
532-4 Sec. 411.048. COSTS CHARGED TO EMPLOYER. The commission
532-5 shall charge the employer for reimbursement of the reasonable cost
532-6 of services provided by the division, including a reasonable
532-7 allocation of the commission's administrative costs, in formulating
532-8 and monitoring the implementation of a plan under Section 411.043
532-9 or 411.047, investigating an accident under Section 411.044, or in
532-10 conducting a follow-up inspection under Section 411.045. (V.A.C.S.
532-11 Art. 8308-7.04(g).)
532-12 Sec. 411.049. HEARING. (a) An employer may request a
532-13 hearing to contest findings made by the commission under this
532-14 subchapter.
532-15 (b) The hearing shall be conducted in the manner provided
532-16 for a contested case under the Administrative Procedure and Texas
532-17 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
532-18 is subject to judicial review as provided by that Act. (V.A.C.S.
532-19 Art. 8308-7.04(h).)
532-20 Sec. 411.050. ADMISSIBILITY OF IDENTIFICATION AS
532-21 EXTRA-HAZARDOUS EMPLOYER. The identification of an employer as an
532-22 extra-hazardous employer under this subchapter is not admissible in
532-23 any judicial proceeding unless:
532-24 (1) the commission has determined that the employer is
532-25 not in compliance with this subchapter; and
532-26 (2) that determination has not been reversed or
532-27 superseded at the time of the event giving rise to the judicial
533-1 proceeding. (V.A.C.S. Art. 8308-7.04(i).)
533-2 (Sections 411.051-411.060 reserved for expansion)
533-3 SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
533-4 Sec. 411.061. ACCIDENT PREVENTION SERVICES; PREREQUISITE FOR
533-5 LICENSE. (a) As a prerequisite for a license to write workers'
533-6 compensation insurance in this state, an insurance company must
533-7 maintain or provide accident prevention facilities that are
533-8 adequate to provide accident prevention services required by the
533-9 nature of its policyholders' operations.
533-10 (b) To implement a program of accident prevention services,
533-11 a facility must include:
533-12 (1) surveys;
533-13 (2) recommendations;
533-14 (3) training programs;
533-15 (4) consultations;
533-16 (5) analyses of accident causes;
533-17 (6) industrial hygiene; and
533-18 (7) industrial health services. (V.A.C.S. Art.
533-19 8308-7.05(a) (part).)
533-20 Sec. 411.062. FIELD SAFETY REPRESENTATIVE; QUALIFICATIONS.
533-21 A field safety representative must be:
533-22 (1) a college graduate with a bachelor's degree in
533-23 science or engineering;
533-24 (2) a registered professional engineer;
533-25 (3) a certified safety professional;
533-26 (4) a certified industrial hygienist;
533-27 (5) an individual with 10 years' experience in
534-1 occupational safety and health; or
534-2 (6) an individual who has completed a certified
534-3 training program in accident prevention services approved by the
534-4 division. (V.A.C.S. Art. 8308-7.05(a) (part).)
534-5 Sec. 411.063. ACCIDENT PREVENTION PERSONNEL. (a) To
534-6 provide qualified accident prevention personnel and services, an
534-7 insurance company may:
534-8 (1) employ qualified personnel;
534-9 (2) retain qualified independent contractors;
534-10 (3) contract with the policyholder to provide the
534-11 personnel and services; or
534-12 (4) use a combination of the methods provided by this
534-13 subsection.
534-14 (b) A person who provides accident prevention services under
534-15 this section must have the qualifications required for a field
534-16 safety representative. (V.A.C.S. Art. 8308-7.05(a) (part).)
534-17 Sec. 411.064. INSPECTIONS. The division shall conduct an
534-18 inspection at least every two years to determine the adequacy of
534-19 the accident prevention services required by Section 411.061 for
534-20 each insurance company writing workers' compensation insurance in
534-21 this state. (V.A.C.S. Art. 8308-7.05(b).)
534-22 Sec. 411.065. ANNUAL INFORMATION SUBMITTED BY INSURANCE
534-23 COMPANY. (a) Each insurance company writing workers' compensation
534-24 insurance in this state shall submit to the division at least once
534-25 a year detailed information on the type of accident prevention
534-26 facilities offered to that insurance company's policyholders.
534-27 (b) The information must include:
535-1 (1) the amount of money spent by the insurance company
535-2 on accident prevention services;
535-3 (2) the number and qualifications of field safety
535-4 representatives employed by the insurance company;
535-5 (3) the number of site inspections performed;
535-6 (4) accident prevention services for which the
535-7 insurance company contracts;
535-8 (5) a breakdown of the premium size of the risks to
535-9 which services were provided;
535-10 (6) evidence of the effectiveness of and
535-11 accomplishments in accident prevention; and
535-12 (7) any additional information required by the
535-13 commission. (V.A.C.S. Art. 8308-7.05(d).)
535-14 Sec. 411.066. NOTICE TO POLICYHOLDERS. Notice that accident
535-15 prevention services are available to the policyholder from the
535-16 insurance company must appear in at least 10-point bold type on the
535-17 front of each workers' compensation insurance policy delivered or
535-18 issued for delivery in this state. (V.A.C.S. Art. 8308-7.05(c).)
535-19 Sec. 411.067. COMMISSION PERSONNEL. (a) The commission
535-20 shall employ the personnel necessary to enforce this subchapter,
535-21 including at least 10 safety inspectors to perform inspections at a
535-22 job site and at an insurance company to determine the adequacy of
535-23 the accident prevention services provided by the insurance company.
535-24 (b) A safety inspector must have the qualifications required
535-25 for a field safety representative by Section 411.062. (V.A.C.S.
535-26 Art. 8308-7.05(f).)
535-27 Sec. 411.068. ADMINISTRATIVE VIOLATION. (a) An insurance
536-1 company commits a violation if the insurance company does not:
536-2 (1) maintain or provide the accident prevention
536-3 services required by this subchapter; or
536-4 (2) use the services in a reasonable manner to prevent
536-5 injury to employees of its policyholders.
536-6 (b) A violation under Subsection (a) is a Class B
536-7 administrative violation. Each day of noncompliance constitutes a
536-8 separate violation. (V.A.C.S. Art. 8308-7.05(e).)
536-9 (Sections 411.069-411.080 reserved for expansion)
536-10 SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS
536-11 Sec. 411.081. TELEPHONE HOTLINE. (a) The division shall
536-12 maintain a 24-hour toll-free telephone service for reports of
536-13 violations of occupational health or safety law.
536-14 (b) Each employer shall notify its employees of this service
536-15 in a manner prescribed by the commission. (V.A.C.S. Art.
536-16 8308-7.08(a).)
536-17 Sec. 411.082. EMPLOYER RETALIATION PROHIBITED. An employer
536-18 may not suspend or terminate the employment of or otherwise
536-19 discriminate against an employee for using the telephone service to
536-20 report in good faith an alleged violation of an occupational health
536-21 or safety law. (V.A.C.S. Art. 8308-7.08(b).)
536-22 Sec. 411.083. JUDICIAL RELIEF FOR EMPLOYER RETALIATION. (a)
536-23 An employee whose employment is terminated or suspended in
536-24 violation of Section 411.082 is entitled to:
536-25 (1) reinstatement to the employee's former position;
536-26 (2) compensation for wages lost during the period of
536-27 suspension or termination; and
537-1 (3) reinstatement of any fringe benefits or seniority
537-2 rights lost because of the suspension or termination.
537-3 (b) An employee seeking relief under this section must file
537-4 suit not later than the 90th day after the alleged conduct of the
537-5 employer occurred or was discovered or discoverable by the employee
537-6 through reasonable diligence.
537-7 (c) An employee who prevails in a suit under this section is
537-8 entitled to recover court costs and reasonable attorney's fees.
537-9 (V.A.C.S. Art. 8308-7.08(c).)
537-10 (Sections 411.084-411.090 reserved for expansion)
537-11 SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
537-12 Sec. 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE POLICY
537-13 BY EMPLOYER. (a) Each employer with 15 or more employees who has
537-14 workers' compensation insurance coverage shall adopt a policy
537-15 designed to eliminate drug abuse and its effects in the workplace.
537-16 (b) The employer shall distribute a written copy of the
537-17 policy to each employee. (V.A.C.S. Art. 8308-7.10(a).)
537-18 Sec. 411.092. ENFORCEMENT; RULES. The commission shall
537-19 enforce Section 411.091 and may adopt rules for that purpose.
537-20 (V.A.C.S. Art. 8308-7.10(b).)
537-21 CHAPTER 412. DIVISION OF RISK MANAGEMENT
537-22 Sec. 412.001. DEFINITIONS
537-23 Sec. 412.002. EXEMPTION OF CERTAIN STATE AGENCIES
537-24 Sec. 412.003. DUTIES OF DIVISION
537-25 Sec. 412.004. STATE RISK MANAGER
537-26 Sec. 412.005. ANNUAL REPORT BY STATE AGENCY
537-27 Sec. 412.006. RULEMAKING AUTHORITY
538-1 Sec. 412.007. COMMISSION'S REPORT TO LEGISLATURE
538-2 Sec. 412.008. INTERAGENCY CONTRACTS
538-3 CHAPTER 412. DIVISION OF RISK MANAGEMENT
538-4 Sec. 412.001. DEFINITIONS. In this chapter:
538-5 (1) "Director" means the director of the division.
538-6 (2) "Division" means the division of risk management
538-7 of the commission.
538-8 (3) "State agency" means a board, commission,
538-9 department, office, or other agency in the executive, judicial, or
538-10 legislative branch of state government that has five or more
538-11 employees, was created by the constitution or a statute of this
538-12 state, and has authority not limited to a specific geographical
538-13 portion of the state. The term includes an institution of higher
538-14 education as defined by Section 61.003, Education Code. (New;
538-15 V.A.C.S. Art. 8308-7.21(a).)
538-16 Sec. 412.002. EXEMPTION OF CERTAIN STATE AGENCIES. This
538-17 chapter does not apply to a state agency that had medical
538-18 malpractice insurance coverage, workers' compensation insurance
538-19 coverage, or other self-insurance coverage with associated risk
538-20 management programs before January 1, 1989. (V.A.C.S.
538-21 Art. 8308-7.21(b).)
538-22 Sec. 412.003. DUTIES OF DIVISION. (a) The division shall
538-23 administer guidelines adopted by the commission for a comprehensive
538-24 risk management program applicable to all state agencies to reduce
538-25 property and liability losses, including workers' compensation
538-26 losses.
538-27 (b) The division shall assist a state agency that has not
539-1 implemented an effective risk management program to implement a
539-2 comprehensive program that meets the division guidelines.
539-3 (V.A.C.S. Arts. 8308-7.21(f), (g).)
539-4 Sec. 412.004. STATE RISK MANAGER. (a) The director serves
539-5 as the state risk manager.
539-6 (b) The director shall supervise the development and
539-7 administration of systems to:
539-8 (1) identify the property and liability losses,
539-9 including workers' compensation losses, of each state agency;
539-10 (2) identify the administrative costs of risk
539-11 management incurred by each state agency;
539-12 (3) identify and evaluate the exposure of each state
539-13 agency to claims for property and liability losses, including
539-14 workers' compensation; and
539-15 (4) reduce the property and liability losses,
539-16 including workers' compensation, incurred by each state agency.
539-17 (V.A.C.S. Art. 8308-7.21(c).)
539-18 Sec. 412.005. ANNUAL REPORT BY STATE AGENCY. (a) Each
539-19 state agency shall report to the director for each fiscal year:
539-20 (1) the location, timing, frequency, severity, and
539-21 aggregate amounts of losses by category of risk, including open and
539-22 closed claims and final judgments;
539-23 (2) loss information obtained by the workers'
539-24 compensation division of the attorney general's office in the
539-25 course of its administration of the workers' compensation program
539-26 for state agencies;
539-27 (3) detailed information on existing and potential
540-1 exposures to loss, including property location and values,
540-2 descriptions of agency operations, and estimates of maximum
540-3 probable and maximum possible losses by category of risk;
540-4 (4) estimates by category of risk of losses incurred
540-5 but not reported;
540-6 (5) information the director determines necessary to
540-7 prepare a Texas Workers' Compensation Unit Statistical Report; and
540-8 (6) additional information that the director
540-9 determines to be necessary.
540-10 (b) The information shall be reported on or before 60 days
540-11 after the close of each fiscal year. (V.A.C.S. Art. 8308-7.21(d).)
540-12 Sec. 412.006. RULEMAKING AUTHORITY. The commission may
540-13 adopt rules to implement this chapter, including rules relating to
540-14 reporting requirements for a state agency. (V.A.C.S. Art.
540-15 8308-7.21(j).)
540-16 Sec. 412.007. COMMISSION'S REPORT TO LEGISLATURE. (a)
540-17 Based on the recommendations of the director, the commission shall
540-18 report to each legislature relating to:
540-19 (1) methods to reduce the exposure of state agencies
540-20 to the risks of property and liability losses, including workers'
540-21 compensation losses;
540-22 (2) the operation, financing, and management of those
540-23 risks; and
540-24 (3) the handling of claims brought against the state.
540-25 (b) The report must include:
540-26 (1) the frequency, severity, and aggregate amount of
540-27 open and closed claims in the preceding biennium by category of
541-1 risk, including final judgments;
541-2 (2) the identification of each state agency that has
541-3 not complied with the reporting requirements of this chapter; and
541-4 (3) recommendations for the coordination and
541-5 administration of a comprehensive risk management program to serve
541-6 all state agencies, including recommendations for any necessary
541-7 statutory changes. (V.A.C.S. Art. 8308-7.21(e).)
541-8 Sec. 412.008. INTERAGENCY CONTRACTS. (a) Each state agency
541-9 shall enter into an interagency contract with the commission under
541-10 Chapter 771, Government Code, to pay the costs incurred by the
541-11 commission in administering this chapter for the benefit of that
541-12 state agency. Costs payable under the contract include the cost
541-13 of:
541-14 (1) services of commission employees;
541-15 (2) materials; and
541-16 (3) equipment, including computer hardware and
541-17 software.
541-18 (b) The amount of the costs to be paid by a state agency
541-19 under the interagency contract is based on:
541-20 (1) the number of employees of the agency compared
541-21 with the total number of employees of all state agencies to which
541-22 this chapter applies;
541-23 (2) the dollar value of the agency's property and
541-24 asset and liability exposure compared to that of all state agencies
541-25 to which this chapter applies; and
541-26 (3) the number and aggregate cost of claims and losses
541-27 incurred by the agency compared to those incurred by all state
542-1 agencies to which this chapter applies. (V.A.C.S. Arts.
542-2 8308-7.21(h), (i).)
542-3 CHAPTER 413. MEDICAL REVIEW
542-4 SUBCHAPTER A. DIVISION OF MEDICAL REVIEW
542-5 Sec. 413.001. DEFINITION
542-6 Sec. 413.002. DIVISION OF MEDICAL REVIEW
542-7 Sec. 413.003. AUTHORITY TO CONTRACT
542-8 Sec. 413.004. COORDINATION WITH PROVIDERS
542-9 Sec. 413.005. MEDICAL ADVISORY COMMITTEE
542-10 Sec. 413.006. ADVISORY COMMITTEES
542-11 Sec. 413.007. INFORMATION MAINTAINED BY DIVISION
542-12 Sec. 413.008. INFORMATION FROM INSURANCE CARRIERS;
542-13 ADMINISTRATIVE VIOLATION
542-14 (Sections 413.009-413.010 reserved for expansion)
542-15 SUBCHAPTER B. MEDICAL SERVICES AND FEES
542-16 Sec. 413.011. GUIDELINES AND MEDICAL POLICIES
542-17 Sec. 413.012. MEDICAL POLICY AND GUIDELINE UPDATES REQUIRED
542-18 Sec. 413.013. PROGRAMS
542-19 Sec. 413.014. PREAUTHORIZATION
542-20 Sec. 413.015. PAYMENT BY INSURANCE CARRIERS; AUDIT
542-21 AND REVIEW
542-22 Sec. 413.016. PAYMENTS IN VIOLATION OF MEDICAL POLICIES AND
542-23 FEE GUIDELINES
542-24 Sec. 413.017. PRESUMPTION OF REASONABLENESS
542-25 Sec. 413.018. REVIEW OF MEDICAL CARE IF GUIDELINES
542-26 EXCEEDED
542-27 Sec. 413.019. INTEREST EARNED FOR DELAYED PAYMENT, REFUND,
543-1 OR OVERPAYMENT
543-2 Sec. 413.020. COMMISSION CHARGES
543-3 (Sections 413.021-413.030 reserved for expansion)
543-4 SUBCHAPTER C. DISPUTE RESOLUTION
543-5 Sec. 413.031. MEDICAL DISPUTE RESOLUTION
543-6 (Sections 413.032-413.040 reserved for expansion)
543-7 SUBCHAPTER D. HEALTH CARE PROVIDERS
543-8 Sec. 413.041. DISCLOSURE
543-9 Sec. 413.042. PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION
543-10 Sec. 413.043. OVERCHARGING PROHIBITED; OFFENSE
543-11 (Sections 413.044-413.050 reserved for expansion)
543-12 SUBCHAPTER E. IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
543-13 Sec. 413.051. CONTRACTS WITH REVIEW ORGANIZATIONS AND HEALTH
543-14 CARE PROVIDERS
543-15 Sec. 413.052. PRODUCTION OF DOCUMENTS
543-16 Sec. 413.053. STANDARDS OF REPORTING AND BILLING
543-17 Sec. 413.054. IMMUNITY FROM LIABILITY
543-18 CHAPTER 413. MEDICAL REVIEW
543-19 SUBCHAPTER A. DIVISION OF MEDICAL REVIEW
543-20 Sec. 413.001. DEFINITION. In this chapter, "division" means
543-21 the division of medical review of the commission. (New.)
543-22 Sec. 413.002. DIVISION OF MEDICAL REVIEW. (a) The
543-23 commission shall maintain a division of medical review to ensure
543-24 compliance with the rules and to implement this chapter under the
543-25 policies adopted by the commission.
543-26 (b) The division shall monitor health care providers,
543-27 insurance carriers, and workers' compensation claimants who receive
544-1 medical services to ensure the compliance of those persons with
544-2 rules adopted by the commission relating to health care, including
544-3 medical policies and fee guidelines. (V.A.C.S. Arts. 8308-8.01(a)
544-4 (part), (d).)
544-5 Sec. 413.003. AUTHORITY TO CONTRACT. The commission may
544-6 contract with a private or public entity to perform a duty or
544-7 function of the division. (V.A.C.S. Art. 8308-8.02(a).)
544-8 Sec. 413.004. COORDINATION WITH PROVIDERS. The division
544-9 shall coordinate its activities with health care providers as
544-10 necessary to perform its duties under this chapter. The
544-11 coordination may include:
544-12 (1) conducting educational seminars on commission
544-13 rules and procedures; or
544-14 (2) providing information to and requesting assistance
544-15 from professional peer review organizations. (V.A.C.S. Art.
544-16 8308-8.03.)
544-17 Sec. 413.005. MEDICAL ADVISORY COMMITTEE. (a) The medical
544-18 advisory committee advises the division in developing and
544-19 administering the medical policies, fee guidelines, and utilization
544-20 guidelines established under Section 413.011. The committee shall
544-21 advise the commission or professional organization in the review
544-22 and revision of medical policies and fee guidelines required under
544-23 Section 413.012.
544-24 (b) The medical advisory committee is composed of members
544-25 appointed by the commission as follows:
544-26 (1) a representative of a public health care facility;
544-27 (2) a representative of a private health care
545-1 facility;
545-2 (3) a doctor of medicine;
545-3 (4) a doctor of osteopathic medicine;
545-4 (5) a chiropractor;
545-5 (6) a dentist;
545-6 (7) a physical therapist;
545-7 (8) a pharmacist;
545-8 (9) a podiatrist;
545-9 (10) an occupational therapist;
545-10 (11) a medical equipment supplier;
545-11 (12) a registered nurse;
545-12 (13) a representative of employers;
545-13 (14) a representative of employees; and
545-14 (15) two representatives of the general public.
545-15 (c) Each member of the medical advisory committee must be
545-16 knowledgeable and qualified regarding work-related injuries and
545-17 diseases.
545-18 (d) The commission shall designate the presiding officer of
545-19 the medical advisory committee.
545-20 (e) The medical advisory committee shall meet at the call of
545-21 its presiding officer or at the call of a majority of the
545-22 committee. (V.A.C.S. Arts. 8308-8.23(a), (b), (c), (d); 8308-8.24
545-23 (part).)
545-24 Sec. 413.006. ADVISORY COMMITTEES. The commission may
545-25 appoint advisory committees in addition to the medical advisory
545-26 committee as it considers necessary. (V.A.C.S. Art. 8308-8.23(e).)
545-27 Sec. 413.007. INFORMATION MAINTAINED BY DIVISION. (a) The
546-1 division shall maintain a statewide data base of medical charges,
546-2 actual payments, and treatment protocols that may be used by:
546-3 (1) the commission in adopting the medical policies
546-4 and fee guidelines; and
546-5 (2) the division in administering the medical
546-6 policies, fee guidelines, or rules.
546-7 (b) The division shall ensure that the data base:
546-8 (1) contains information necessary to detect practices
546-9 and patterns in medical charges, actual payments, and treatment
546-10 protocols; and
546-11 (2) can be used in a meaningful way to allow the
546-12 commission to control medical costs as provided by this subtitle.
546-13 (c) The division shall ensure that the data base is
546-14 available for public access for a reasonable fee established by the
546-15 commission. The identities of injured workers and beneficiaries
546-16 may not be disclosed.
546-17 (d) The division shall take appropriate action to be aware
546-18 of and to maintain the most current information on developments in
546-19 the treatment and cure of injuries and diseases common in workers'
546-20 compensation cases. (V.A.C.S. Arts. 8308-8.01(b) (part), (c),
546-21 (h).)
546-22 Sec. 413.008. INFORMATION FROM INSURANCE CARRIERS;
546-23 ADMINISTRATIVE VIOLATION. (a) On request from the commission for
546-24 specific information, an insurance carrier shall provide to the
546-25 division any information in its possession, custody, or control
546-26 that reasonably relates to the commission's duties under this
546-27 subtitle and to health care:
547-1 (1) treatment;
547-2 (2) services;
547-3 (3) fees; and
547-4 (4) charges.
547-5 (b) The commission shall keep confidential information that
547-6 is confidential by law.
547-7 (c) An insurance carrier commits a violation if the
547-8 insurance carrier fails or refuses to comply with a request or
547-9 violates a rule adopted to implement this section. A violation
547-10 under this subsection is a Class C administrative violation. Each
547-11 day of noncompliance constitutes a separate violation. (V.A.C.S.
547-12 Art. 8308-8.04.)
547-13 (Sections 413.009-413.010 reserved for expansion)
547-14 SUBCHAPTER B. MEDICAL SERVICES AND FEES
547-15 Sec. 413.011. GUIDELINES AND MEDICAL POLICIES. (a) The
547-16 commission by rule shall establish medical policies and guidelines
547-17 relating to:
547-18 (1) fees charged or paid for medical services for
547-19 employees who suffer compensable injuries, including guidelines
547-20 relating to payment of fees for specific medical treatments or
547-21 services;
547-22 (2) use of medical services by employees who suffer
547-23 compensable injuries; and
547-24 (3) fees charged or paid for providing expert
547-25 testimony relating to an issue arising under this subtitle.
547-26 (b) Guidelines for medical services fees must be fair and
547-27 reasonable and designed to ensure the quality of medical care and
548-1 to achieve effective medical cost control. The guidelines may not
548-2 provide for payment of a fee in excess of the fee charged for
548-3 similar treatment of an injured individual of an equivalent
548-4 standard of living and paid by that individual or by someone acting
548-5 on that individual's behalf. The commission shall consider the
548-6 increased security of payment afforded by this subtitle in
548-7 establishing the fee guidelines.
548-8 (c) Medical policies adopted by the commission must be
548-9 consistent with Sections 413.013, 413.020, 413.052, and 413.053.
548-10 (d) The commission by rule shall establish medical policies
548-11 relating to necessary treatments for injuries. Medical policies
548-12 shall be designed to ensure the quality of medical care and to
548-13 achieve effective medical cost control. (V.A.C.S. Arts.
548-14 8308-8.01(a) (part), 8308-8.21(a), (b) (part).)
548-15 Sec. 413.012. MEDICAL POLICY AND GUIDELINE UPDATES REQUIRED.
548-16 The medical policies and fee guidelines shall be reviewed and
548-17 revised at least every two years to reflect fair and reasonable
548-18 fees and to reflect medical treatment or ranges of treatment that
548-19 are reasonable or necessary at the time the review and revision is
548-20 conducted. (V.A.C.S. Art. 8308-8.24 (part).)
548-21 Sec. 413.013. PROGRAMS. The commission by rule shall
548-22 establish:
548-23 (1) a program for prospective, concurrent, and
548-24 retrospective review and resolution of a dispute regarding health
548-25 care treatments and services;
548-26 (2) a program for the systematic monitoring of the
548-27 necessity of treatments administered and fees charged and paid for
549-1 medical treatments or services, including the authorization of
549-2 prospective, concurrent, or retrospective review under the medical
549-3 policies of the commission to ensure that the medical policies or
549-4 guidelines are not exceeded;
549-5 (3) a program to detect practices and patterns by
549-6 insurance carriers in unreasonably denying authorization of payment
549-7 for medical services requested or performed if authorization is
549-8 required by the medical policies of the commission; and
549-9 (4) a program to increase the intensity of review for
549-10 compliance with the medical policies or fee guidelines for any
549-11 health care provider that has established a practice or pattern in
549-12 charges and treatments inconsistent with the medical policies and
549-13 fee guidelines. (V.A.C.S. Art. 8308-8.21(b) (part).)
549-14 Sec. 413.014. PREAUTHORIZATION. (a) The commission by rule
549-15 shall specify which health care treatments and services require
549-16 express preauthorization by the insurance carrier. Treatments and
549-17 services for a medical emergency do not require express
549-18 preauthorization.
549-19 (b) The insurance carrier is not liable for those specified
549-20 treatments and services unless preauthorization is sought by the
549-21 claimant or health care provider and either obtained from the
549-22 insurance carrier or ordered by the commission. (V.A.C.S. Art.
549-23 8308-8.28(a).)
549-24 Sec. 413.015. PAYMENT BY INSURANCE CARRIERS; AUDIT AND
549-25 REVIEW. (a) Insurance carriers shall make appropriate payment of
549-26 charges for medical services provided under this subtitle.
549-27 (b) The commission shall provide by rule for the review and
550-1 audit of the payment by insurance carriers of charges for medical
550-2 services provided under this subtitle to ensure compliance of
550-3 health care providers and insurance carriers with the medical
550-4 policies and fee guidelines adopted by the commission.
550-5 (c) The rules must require the insurance carrier to pay the
550-6 expenses of the review and audit. (V.A.C.S. Art. 8308-8.01(b)
550-7 (part).)
550-8 Sec. 413.016. PAYMENTS IN VIOLATION OF MEDICAL POLICIES AND
550-9 FEE GUIDELINES. (a) The division shall order a refund of charges
550-10 paid to a health care provider in excess of those allowed by the
550-11 medical policies or fee guidelines. The division shall also refer
550-12 the health care provider alleged to have violated this subtitle to
550-13 the division of compliance and practices.
550-14 (b) If the division determines that an insurance carrier has
550-15 paid medical charges that are inconsistent with the medical
550-16 policies or fee guidelines adopted by the commission, the division
550-17 shall refer the insurance carrier alleged to have violated this
550-18 subtitle to the division of compliance and practices. If the
550-19 insurance carrier reduced a charge of a health care provider that
550-20 was within the guidelines, the insurance carrier shall be directed
550-21 to submit the difference to the provider unless the reduction is in
550-22 accordance with an agreement between the health care provider and
550-23 the insurance carrier. (V.A.C.S. Arts. 8308-8.01(e), (f).)
550-24 Sec. 413.017. PRESUMPTION OF REASONABLENESS. The following
550-25 medical services are presumed reasonable:
550-26 (1) medical services consistent with the medical
550-27 policies and fee guidelines adopted by the commission; and
551-1 (2) medical services that are provided subject to
551-2 prospective, concurrent, or retrospective review as required by the
551-3 medical policies of the commission and that are authorized by an
551-4 insurance carrier. (V.A.C.S. Art. 8308-8.25.)
551-5 Sec. 413.018. REVIEW OF MEDICAL CARE IF GUIDELINES EXCEEDED.
551-6 (a) The commission by rule shall provide for the periodic review
551-7 of medical care provided in claims in which lost-time guidelines or
551-8 other appropriate guidelines are exceeded.
551-9 (b) The division shall review the medical treatment provided
551-10 in a claim that exceeds the guidelines and may take appropriate
551-11 action to ensure that necessary and reasonable care is provided.
551-12 (V.A.C.S. Art. 8308-8.01(g).)
551-13 Sec. 413.019. INTEREST EARNED FOR DELAYED PAYMENT, REFUND,
551-14 OR OVERPAYMENT. (a) Interest on an unpaid fee or charge that is
551-15 consistent with the fee guidelines accrues at the rate provided by
551-16 Section 401.023 beginning on the 60th day after the date the health
551-17 care provider submits the bill to an insurance carrier until the
551-18 date the bill is paid.
551-19 (b) Interest on a refund from a health care provider accrues
551-20 at the rate provided by Section 401.023 beginning on the 60th day
551-21 after the date the provider receives notice of alleged overpayment
551-22 from the insurance carrier until the date the refund is paid.
551-23 (V.A.C.S. Art. 8308-8.27.)
551-24 Sec. 413.020. COMMISSION CHARGES. The commission by rule
551-25 shall establish procedures to enable the commission to charge:
551-26 (1) an insurance carrier a reasonable fee for access
551-27 to or evaluation of health care treatment, fees, or charges under
552-1 this subtitle; and
552-2 (2) a health care provider who exceeds a fee or
552-3 utilization guideline established under this subtitle or an
552-4 insurance carrier who unreasonably disputes charges that are
552-5 consistent with a fee or utilization guideline established under
552-6 this subtitle a reasonable fee for review of health care treatment,
552-7 fees, or charges under this subtitle. (V.A.C.S. Art. 8308-8.21(b)
552-8 (part).)
552-9 (Sections 413.021-413.030 reserved for expansion)
552-10 SUBCHAPTER C. DISPUTE RESOLUTION
552-11 Sec. 413.031. MEDICAL DISPUTE RESOLUTION. (a) A party,
552-12 including a health care provider, is entitled to a review of a
552-13 medical service provided or for which authorization of payment is
552-14 sought if a health care provider is:
552-15 (1) denied payment or paid a reduced amount for the
552-16 medical service rendered;
552-17 (2) denied authorization for the payment for the
552-18 service requested or performed if authorization is required by the
552-19 medical policies of the commission; or
552-20 (3) ordered by the division to refund a payment
552-21 received for a medical service rendered.
552-22 (b) A health care provider who submits a charge in excess of
552-23 the fee guidelines or treatment policies is entitled to a review of
552-24 the medical service to determine if reasonable medical
552-25 justification exists for the deviation.
552-26 (c) A review of a medical service under this section shall
552-27 be provided by a health care provider professional review
553-1 organization if requested by the health care practitioner or if
553-2 ordered by the commission.
553-3 (d) A party to a medical dispute that remains unresolved
553-4 after a review of the medical service under this section is
553-5 entitled to a hearing. The hearing shall be conducted in the
553-6 manner provided for a contested case under the Administrative
553-7 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
553-8 Civil Statutes). (V.A.C.S. Art. 8308-8.26.)
553-9 (Sections 413.032-413.040 reserved for expansion)
553-10 SUBCHAPTER D. HEALTH CARE PROVIDERS
553-11 Sec. 413.041. DISCLOSURE. A health care provider who refers
553-12 a workers' compensation claimant to another health care provider in
553-13 which the referring provider has more than a five percent financial
553-14 interest shall file an annual disclosure statement with the
553-15 commission as provided by commission rules and shall disclose the
553-16 interest to the insurance carrier at the time of the referral. The
553-17 referring provider shall specify the degree of the financial
553-18 interest and shall provide other information as required by
553-19 commission rules. (V.A.C.S. Art. 8308-8.41.)
553-20 Sec. 413.042. PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION. (a)
553-21 A health care provider may not pursue a private claim against a
553-22 workers' compensation claimant for all or part of the cost of a
553-23 health care service provided to the claimant by the provider
553-24 unless:
553-25 (1) the injury is finally adjudicated not compensable
553-26 under this subtitle; or
553-27 (2) the employee violates Section 408.022 relating to
554-1 the selection of a doctor and the doctor did not know of the
554-2 violation at the time the services were rendered.
554-3 (b) A health care provider commits a violation if the
554-4 provider violates Subsection (a). A violation under this
554-5 subsection is a Class B administrative violation. (V.A.C.S.
554-6 Art. 8308-8.42.)
554-7 Sec. 413.043. OVERCHARGING PROHIBITED; OFFENSE. (a) A
554-8 health care provider commits an offense if the person knowingly
554-9 charges an insurance carrier an amount greater than that normally
554-10 charged for similar treatment to a payor outside the workers'
554-11 compensation system, except for mandated or negotiated charges.
554-12 (b) An offense under this section is a Class A misdemeanor.
554-13 (V.A.C.S. Arts. 8308-10.08(a), (b).)
554-14 (Sections 413.044-413.050 reserved for expansion)
554-15 SUBCHAPTER E. IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
554-16 Sec. 413.051. CONTRACTS WITH REVIEW ORGANIZATIONS AND HEALTH
554-17 CARE PROVIDERS. (a) The commission may contract with a health
554-18 care provider professional review organization or other entity to
554-19 develop, maintain, or review medical policies or fee guidelines or
554-20 to review compliance with the medical policies or fee guidelines.
554-21 (b) For purposes of review or resolution of a dispute as to
554-22 compliance with the medical policies or fee guidelines, the
554-23 commission may contract only with a health care provider
554-24 professional review organization that includes in the review
554-25 process health care practitioners who are licensed in the category
554-26 under review and are of the same field or specialty as the category
554-27 under review.
555-1 (c) The commission may contract with a health care provider
555-2 for medical consultant services, including:
555-3 (1) independent medical examinations;
555-4 (2) medical case reviews; or
555-5 (3) establishment of medical policies and fee
555-6 guidelines. (V.A.C.S. Arts. 8308-8.02(b), 8308-8.22.)
555-7 Sec. 413.052. PRODUCTION OF DOCUMENTS. The commission by
555-8 rule shall establish procedures to enable the commission to compel
555-9 the production of documents. (V.A.C.S. Art. 8308-8.21(b) (part).)
555-10 Sec. 413.053. STANDARDS OF REPORTING AND BILLING. The
555-11 commission by rule shall establish standards of reporting and
555-12 billing governing both form and content. (V.A.C.S.
555-13 Art. 8308-8.21(b) (part).)
555-14 Sec. 413.054. IMMUNITY FROM LIABILITY. (a) A person who
555-15 performs services for the commission as a designated doctor, an
555-16 independent medical examiner, a doctor performing a medical case
555-17 review, or a member of a peer review panel has the same immunity
555-18 from liability as a commission member under Section 402.010.
555-19 (b) Immunity from liability under this section does not
555-20 apply to a person providing medical treatment to an injured
555-21 employee. (V.A.C.S. Art. 8308-8.05.)
555-22 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
555-23 Sec. 414.001. DEFINITION
555-24 Sec. 414.002. MONITORING DUTIES
555-25 Sec. 414.003. COMPILATION AND USE OF INFORMATION
555-26 Sec. 414.004. PERFORMANCE REVIEW OF INSURANCE CARRIERS
555-27 Sec. 414.005. INVESTIGATION UNIT
556-1 Sec. 414.006. REFERRAL TO OTHER AUTHORITIES
556-2 Sec. 414.007. REVIEW OF REFERRALS FROM DIVISION
556-3 OF MEDICAL REVIEW
556-4 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
556-5 Sec. 414.001. DEFINITION. In this chapter, "division" means
556-6 the division of compliance and practices. (New.)
556-7 Sec. 414.002. MONITORING DUTIES. (a) The division shall
556-8 monitor for compliance with commission rules, this subtitle, and
556-9 other laws relating to workers' compensation the conduct of persons
556-10 subject to this subtitle, other than persons monitored by the
556-11 division of medical review. Persons to be monitored include:
556-12 (1) persons claiming benefits under this subtitle;
556-13 (2) employers;
556-14 (3) insurance carriers; and
556-15 (4) attorneys and other representatives of parties.
556-16 (b) The division shall monitor conduct described by Sections
556-17 415.001, 415.002, and 415.003 and refer persons engaging in that
556-18 conduct to the division of hearings.
556-19 (c) The division shall monitor payments made to health care
556-20 providers on behalf of workers' compensation claimants who receive
556-21 medical services to ensure that the payments are made on time as
556-22 required by Section 408.027. (V.A.C.S. Arts. 8308-9.01, 8308-9.03,
556-23 8308-10.07(a) (part).)
556-24 Sec. 414.003. COMPILATION AND USE OF INFORMATION. (a) The
556-25 division shall compile and maintain statistical and other
556-26 information as necessary to detect practices or patterns of conduct
556-27 by persons subject to monitoring under this chapter that:
557-1 (1) violate this subtitle or commission rules; or
557-2 (2) otherwise adversely affect the workers'
557-3 compensation system of this state.
557-4 (b) The commission shall use the information compiled under
557-5 this section to impose appropriate penalties and other sanctions
557-6 under Chapters 415 and 416. (V.A.C.S. Art. 8308-9.04.)
557-7 Sec. 414.004. PERFORMANCE REVIEW OF INSURANCE CARRIERS. (a)
557-8 The division shall review regularly the workers' compensation
557-9 records of insurance carriers as required to ensure compliance with
557-10 this subtitle.
557-11 (b) Each insurance carrier, the carrier's agents, and those
557-12 with whom the carrier has contracted to provide, review, or monitor
557-13 services under this subtitle shall:
557-14 (1) cooperate with the division;
557-15 (2) make available to the division any records or
557-16 other necessary information; and
557-17 (3) allow the division access to the information at
557-18 reasonable times at the person's offices.
557-19 (c) The insurance carrier, other than a governmental entity,
557-20 shall pay the reasonable expenses, including travel expenses, of an
557-21 auditor who audits the workers' compensation records at the office
557-22 of the insurance carrier. (V.A.C.S. Art. 8308-9.02.)
557-23 Sec. 414.005. INVESTIGATION UNIT. The division shall
557-24 maintain an investigation unit to conduct investigations relating
557-25 to alleged violations of this subtitle or commission rules, with
557-26 particular emphasis on violations of Chapters 415 and 416.
557-27 (V.A.C.S. Art. 8308-9.06(a).)
558-1 Sec. 414.006. REFERRAL TO OTHER AUTHORITIES. For further
558-2 investigation or the institution of appropriate proceedings, the
558-3 division may refer the persons involved in a case subject to an
558-4 investigation to:
558-5 (1) the division of hearings; or
558-6 (2) other appropriate authorities, including licensing
558-7 agencies, district and county attorneys, or the attorney general.
558-8 (V.A.C.S. Art. 8308-9.06(b).)
558-9 Sec. 414.007. REVIEW OF REFERRALS FROM DIVISION OF MEDICAL
558-10 REVIEW. The division shall review information and referrals
558-11 received from the division of medical review concerning alleged
558-12 violations of this subtitle and, under Sections 414.005 and 414.006
558-13 and Chapters 415 and 416, may conduct investigations, make
558-14 referrals to other authorities, and initiate administrative
558-15 violation proceedings. (V.A.C.S. Art. 8308-9.05.)
558-16 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
558-17 SUBCHAPTER A. PROHIBITED ACTS
558-18 Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE
558-19 OF EMPLOYEE OR LEGAL BENEFICIARY
558-20 Sec. 415.002. ADMINISTRATIVE VIOLATION BY AN INSURANCE
558-21 CARRIER
558-22 Sec. 415.003. ADMINISTRATIVE VIOLATION BY HEALTH CARE
558-23 PROVIDER
558-24 Sec. 415.004. PENALTY SPECIFIED IN OTHER LAW
558-25 Sec. 415.005. OVERCHARGING BY HEALTH CARE PROVIDERS
558-26 PROHIBITED; ADMINISTRATIVE VIOLATION
558-27 Sec. 415.006. EMPLOYER CHARGEBACKS PROHIBITED; ADMINISTRATIVE
559-1 VIOLATION
559-2 Sec. 415.007. LOANS BY ATTORNEYS PROHIBITED
559-3 Sec. 415.008. FRAUDULENTLY OBTAINING OR DENYING BENEFITS;
559-4 ADMINISTRATIVE VIOLATION
559-5 Sec. 415.009. FRIVOLOUS ACTIONS; ADMINISTRATIVE VIOLATION
559-6 Sec. 415.010. BREACH OF AGREEMENT; ADMINISTRATIVE
559-7 VIOLATION
559-8 (Sections 415.011-415.020 reserved for expansion)
559-9 SUBCHAPTER B. PENALTIES
559-10 Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES
559-11 Sec. 415.022. CLASSIFICATION OF ADMINISTRATIVE VIOLATIONS;
559-12 PENALTIES
559-13 Sec. 415.023. COMMISSION OF WRONGFUL ACT AS MATTER OF PRACTICE;
559-14 ADMINISTRATIVE VIOLATION
559-15 (Sections 415.024-415.030 reserved for expansion)
559-16 SUBCHAPTER C. PROCEDURES
559-17 Sec. 415.031. INITIATION OF ADMINISTRATIVE VIOLATION
559-18 PROCEEDINGS
559-19 Sec. 415.032. NOTICE OF POSSIBLE ADMINISTRATIVE VIOLATION;
559-20 RESPONSE
559-21 Sec. 415.033. FAILURE TO RESPOND
559-22 Sec. 415.034. HEARING PROCEDURES
559-23 Sec. 415.035. JUDICIAL REVIEW
559-24 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
559-25 SUBCHAPTER A. PROHIBITED ACTS
559-26 Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE OF
559-27 EMPLOYEE OR LEGAL BENEFICIARY. A representative of an employee or
560-1 legal beneficiary commits an administrative violation if the person
560-2 wilfully or intentionally:
560-3 (1) fails without good cause to attend a dispute
560-4 resolution proceeding within the commission;
560-5 (2) attends a dispute resolution proceeding within the
560-6 commission without complete authority or fails to exercise
560-7 authority to effectuate an agreement or settlement;
560-8 (3) commits an act of barratry under Section 38.12,
560-9 Penal Code;
560-10 (4) withholds from the employee's or legal
560-11 beneficiary's weekly benefits or from advances amounts not
560-12 authorized to be withheld by the commission;
560-13 (5) enters into a settlement or agreement without the
560-14 knowledge, consent, and signature of the employee or legal
560-15 beneficiary;
560-16 (6) takes a fee or withholds expenses in excess of the
560-17 amounts authorized by the commission;
560-18 (7) refuses or fails to make prompt delivery to the
560-19 employee or legal beneficiary of funds belonging to the employee or
560-20 legal beneficiary as a result of a settlement, agreement, order, or
560-21 award;
560-22 (8) violates the Texas Disciplinary Rules of
560-23 Professional Conduct of the State Bar of Texas;
560-24 (9) misrepresents the provisions of this subtitle to
560-25 an employee, an employer, a health care provider, or a legal
560-26 beneficiary;
560-27 (10) violates a commission rule; or
561-1 (11) fails to comply with this subtitle. (V.A.C.S.
561-2 Art. 8308-10.07(a) (part).)
561-3 Sec. 415.002. ADMINISTRATIVE VIOLATION BY AN INSURANCE
561-4 CARRIER. (a) An insurance carrier or its representative commits
561-5 an administrative violation if that person wilfully or
561-6 intentionally:
561-7 (1) misrepresents a provision of this subtitle to an
561-8 employee, an employer, a health care provider, or a legal
561-9 beneficiary;
561-10 (2) fails to submit to the commission a settlement or
561-11 agreement of the parties;
561-12 (3) fails to timely notify the commission of the
561-13 termination or reduction of benefits and the reason for that
561-14 action;
561-15 (4) terminates or reduces benefits without
561-16 substantiating evidence that the action is reasonable and
561-17 authorized by law;
561-18 (5) instructs an employer not to file a document
561-19 required to be filed with the commission;
561-20 (6) instructs or encourages an employer to violate a
561-21 claimant's right to medical benefits under this subtitle;
561-22 (7) fails to tender promptly full death benefits if a
561-23 legitimate dispute does not exist as to the liability of the
561-24 insurance carrier;
561-25 (8) allows an employer, other than a self-insured
561-26 employer, to dictate the methods by which and the terms on which a
561-27 claim is handled and settled;
562-1 (9) fails to confirm medical benefits coverage to a
562-2 person or facility providing medical treatment to a claimant if a
562-3 legitimate dispute does not exist as to the liability of the
562-4 insurance carrier;
562-5 (10) fails, without good cause, to attend a dispute
562-6 resolution proceeding within the commission;
562-7 (11) attends a dispute resolution proceeding within
562-8 the commission without complete authority or fails to exercise
562-9 authority to effectuate agreement or settlement;
562-10 (12) adjusts a workers' compensation claim in a manner
562-11 contrary to license requirements for an insurance adjuster,
562-12 including the requirements of Chapter 407, Acts of the 63rd
562-13 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
562-14 Insurance Code), or the rules of the State Board of Insurance;
562-15 (13) fails to process claims promptly in a reasonable
562-16 and prudent manner;
562-17 (14) fails to initiate or reinstate benefits when due
562-18 if a legitimate dispute does not exist as to the liability of the
562-19 insurance carrier;
562-20 (15) misrepresents the reason for not paying benefits
562-21 or terminating or reducing the payment of benefits;
562-22 (16) dates documents to misrepresent the actual date
562-23 of the initiation of benefits;
562-24 (17) makes a notation on a draft or other instrument
562-25 indicating that the draft or instrument represents a final
562-26 settlement of a claim if the claim is still open and pending before
562-27 the commission;
563-1 (18) fails or refuses to pay benefits from week to
563-2 week as and when due directly to the person entitled to the
563-3 benefits;
563-4 (19) fails to pay an order awarding benefits;
563-5 (20) controverts a claim if the evidence clearly
563-6 indicates liability;
563-7 (21) unreasonably denies preauthorization required
563-8 under Section 413.014 or unreasonably disputes the reasonableness
563-9 and necessity of health care;
563-10 (22) violates a commission rule; or
563-11 (23) fails to comply with a provision of this
563-12 subtitle.
563-13 (b) An insurance carrier or its representative does not
563-14 commit an administrative violation under Subsection (a)(8) by
563-15 allowing an employer to:
563-16 (1) freely discuss a claim;
563-17 (2) assist in the investigation and evaluation of a
563-18 claim; or
563-19 (3) attend a proceeding of the commission and
563-20 participate at the proceeding in accordance with this subtitle.
563-21 (V.A.C.S. Art. 8308-10.07(b).)
563-22 Sec. 415.003. ADMINISTRATIVE VIOLATION BY HEALTH CARE
563-23 PROVIDER. A health care provider commits an administrative
563-24 violation if the person wilfully or intentionally:
563-25 (1) submits a charge for health care that was not
563-26 furnished;
563-27 (2) administers improper, unreasonable, or medically
564-1 unnecessary treatment or services;
564-2 (3) fails or refuses to timely file required reports
564-3 or records;
564-4 (4) makes an unnecessary referral;
564-5 (5) fails to disclose an interest as required by
564-6 Section 413.041;
564-7 (6) violates the commission's fee and treatment
564-8 guidelines;
564-9 (7) violates a commission rule; or
564-10 (8) fails to comply with a provision of this subtitle.
564-11 (V.A.C.S. Art. 8308-10.07(c).)
564-12 Sec. 415.004. PENALTY SPECIFIED IN OTHER LAW. If an act
564-13 that is an administrative violation under Section 415.001, 415.002,
564-14 or 415.003 is expressly made an administrative violation of a
564-15 particular class or subject to a specified penalty in another
564-16 section of this subtitle, the administrative penalty assessed under
564-17 that section, and not under Section 415.001, 415.002, or 415.003,
564-18 prevails. (New.)
564-19 Sec. 415.005. OVERCHARGING BY HEALTH CARE PROVIDERS
564-20 PROHIBITED; ADMINISTRATIVE VIOLATION. (a) A health care provider
564-21 commits a violation if the person charges an insurance carrier an
564-22 amount greater than that normally charged for similar treatment to
564-23 a payor outside the workers' compensation system, except for
564-24 mandated or negotiated charges.
564-25 (b) A violation under this section is a Class B
564-26 administrative violation. A health care provider may be liable for
564-27 an administrative penalty regardless of whether a criminal action
565-1 is initiated under Section 413.043. (V.A.C.S. Art. 8308-10.08(c).)
565-2 Sec. 415.006. EMPLOYER CHARGEBACKS PROHIBITED;
565-3 ADMINISTRATIVE VIOLATION. (a) An employer may not collect from an
565-4 employee, directly or indirectly, a premium or other fee paid by
565-5 the employer to obtain workers' compensation insurance coverage,
565-6 except as provided by Sections 406.123 and 406.144.
565-7 (b) An employee or legal beneficiary of an employee has a
565-8 right of action to recover damages against an employer who violates
565-9 Subsection (a).
565-10 (c) A person commits a violation if the person violates
565-11 Subsection (a). A violation under this subsection is a Class C
565-12 administrative violation. (V.A.C.S. Art. 8308-10.02.)
565-13 Sec. 415.007. Loans by Attorneys Prohibited. (a) An
565-14 attorney who represents a claimant before the commission may not
565-15 lend money to the claimant during the pendency of the workers'
565-16 compensation claim.
565-17 (b) The attorney may assist the claimant in obtaining
565-18 financial assistance from another source if the attorney is not
565-19 personally liable for the credit extended to the claimant.
565-20 (V.A.C.S. Art. 8308-10.03.)
565-21 Sec. 415.008. Fraudulently Obtaining or Denying Benefits;
565-22 Administrative Violation. (a) A person commits a violation if the
565-23 person, to obtain or deny a payment of a workers' compensation
565-24 benefit or the provision of a benefit for the person or another,
565-25 knowingly or intentionally:
565-26 (1) makes a false or misleading statement;
565-27 (2) misrepresents or conceals a material fact;
566-1 (3) fabricates, alters, conceals, or destroys a
566-2 document; or
566-3 (4) conspires to commit an act described by
566-4 Subdivision (1), (2), or (3).
566-5 (b) A violation under this section is a Class B
566-6 administrative violation.
566-7 (c) A person who has obtained an excess payment in violation
566-8 of this section is liable for full repayment plus interest computed
566-9 at the rate prescribed by Section 401.023. If the person is an
566-10 employee or person claiming death benefits, the repayment may be
566-11 redeemed from future income or death benefits to which the person
566-12 is otherwise entitled.
566-13 (d) An employer who has committed an act described by
566-14 Subsection (a) that results in denial of payments is liable for the
566-15 past benefit payments that would otherwise have been payable by the
566-16 insurance carrier during the period of denial, plus interest
566-17 computed at the rate prescribed by Section 401.023. The insurance
566-18 carrier is not liable for benefit payments during the period of
566-19 denial.
566-20 (e) If an administrative violation proceeding is pending
566-21 under this section against an employee or person claiming death
566-22 benefits, the commission may not take final action on the person's
566-23 benefits. (V.A.C.S. Art. 8308-10.04.)
566-24 Sec. 415.009. Frivolous Actions; Administrative Violation.
566-25 (a) A person commits a violation if the person knowingly brings,
566-26 prosecutes, or defends an action for benefits under this subtitle
566-27 or requests initiation of an administrative violation proceeding
567-1 that does not have a basis in fact or is not warranted by existing
567-2 law or a good faith argument for the extension, modification, or
567-3 reversal of existing law.
567-4 (b) A violation under Subsection (a) is a Class B
567-5 administrative violation. (V.A.C.S. Art. 8308-10.05.)
567-6 Sec. 415.010. BREACH OF AGREEMENT; ADMINISTRATIVE VIOLATION.
567-7 (a) A party to an agreement approved by the commission commits a
567-8 violation if the person knowingly breaches a provision of the
567-9 agreement.
567-10 (b) A violation under Subsection (a) is a Class C
567-11 administrative violation. (V.A.C.S. Art. 8308-10.06.)
567-12 (Sections 415.011-415.020 reserved for expansion)
567-13 SUBCHAPTER B. PENALTIES
567-14 Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES. (a)
567-15 The commission may assess an administrative penalty against a
567-16 person who commits an administrative violation.
567-17 (b) The commission may assess an administrative penalty not
567-18 to exceed $10,000 and may enter a cease and desist order against a
567-19 person who:
567-20 (1) commits repeated administrative violations;
567-21 (2) allows, as a business practice, the commission of
567-22 repeated administrative violations; or
567-23 (3) violates an order or decision of the commission.
567-24 (c) In assessing an administrative penalty, the commission
567-25 shall consider:
567-26 (1) the seriousness of the violation, including the
567-27 nature, circumstances, consequences, extent, and gravity of the
568-1 prohibited act;
568-2 (2) the history and extent of previous administrative
568-3 violations;
568-4 (3) the demonstrated good faith of the violator,
568-5 including actions taken to rectify the consequences of the
568-6 prohibited act;
568-7 (4) the economic benefit resulting from the prohibited
568-8 act;
568-9 (5) the penalty necessary to deter future violations;
568-10 and
568-11 (6) other matters that justice may require.
568-12 (d) A penalty may be assessed only after the person charged
568-13 with an administrative violation has been given an opportunity for
568-14 a hearing under Subchapter C. (V.A.C.S. Art. 8308-10.21.)
568-15 Sec. 415.022. CLASSIFICATION OF ADMINISTRATIVE VIOLATIONS;
568-16 PENALTIES. Administrative violations are classified as follows:
568-17 (1) a Class A administrative violation, punishable by
568-18 an administrative penalty not to exceed $10,000;
568-19 (2) a Class B administrative violation, punishable by
568-20 an administrative penalty not to exceed $5,000;
568-21 (3) a Class C administrative violation, punishable by
568-22 an administrative penalty not to exceed $1,000; and
568-23 (4) a Class D administrative violation, punishable by
568-24 an administrative penalty not to exceed $500. (V.A.C.S. Art.
568-25 8308-10.22.)
568-26 Sec. 415.023. COMMISSION OF WRONGFUL ACT AS MATTER OF
568-27 PRACTICE; ADMINISTRATIVE VIOLATION. (a) A person who commits an
569-1 administrative violation under Section 415.001, 415.002, or 415.003
569-2 as a matter of practice is subject to an applicable rule adopted
569-3 under Subsection (b) in addition to the penalty assessed for the
569-4 violation.
569-5 (b) The commission may adopt rules providing for:
569-6 (1) a reduction or denial of fees;
569-7 (2) public or private reprimand by the commission;
569-8 (3) suspension from practice before the commission; or
569-9 (4) restriction, suspension, or revocation of the
569-10 right to receive reimbursement under this subtitle. (V.A.C.S. Art.
569-11 8308-10.07(d).)
569-12 (Sections 415.024-415.030 reserved for expansion)
569-13 SUBCHAPTER C. PROCEDURES
569-14 Sec. 415.031. INITIATION OF ADMINISTRATIVE VIOLATION
569-15 PROCEEDINGS. Any person may request the initiation of
569-16 administrative violation proceedings by filing a written allegation
569-17 with the director of the division of compliance and practices.
569-18 (V.A.C.S. Art. 8308-10.31.)
569-19 Sec. 415.032. NOTICE OF POSSIBLE ADMINISTRATIVE VIOLATION;
569-20 RESPONSE. (a) If investigation by the division of compliance and
569-21 practices indicates that an administrative violation has occurred,
569-22 the division shall notify the person alleged to have committed the
569-23 violation in writing of:
569-24 (1) the charge;
569-25 (2) the proposed penalty;
569-26 (3) the right to consent to the charge and the
569-27 penalty; and
570-1 (4) the right to request a hearing.
570-2 (b) Not later than the 20th day after the date on which
570-3 notice is received, the charged party shall:
570-4 (1) remit the amount of the penalty to the commission;
570-5 or
570-6 (2) submit to the commission a written request for a
570-7 hearing. (V.A.C.S. Art. 8308-10.32.)
570-8 Sec. 415.033. FAILURE TO RESPOND. If, without good cause, a
570-9 charged party fails to respond as required under Section 415.032,
570-10 the penalty is due and the commission shall initiate enforcement
570-11 proceedings. (V.A.C.S. Art. 8308-10.34.)
570-12 Sec. 415.034. HEARING PROCEDURES. (a) On request of the
570-13 charged party or at the discretion of the director of the division
570-14 of hearings, the division of hearings shall set a hearing. The
570-15 hearing shall be conducted in the manner provided for a contested
570-16 case under the Administrative Procedure and Texas Register Act
570-17 (Article 6252-13a, Vernon's Texas Civil Statutes).
570-18 (b) At the close of the hearing, the hearing officer
570-19 conducting the hearing shall make findings of fact and conclusions
570-20 of law and shall issue a written decision. If the hearing officer
570-21 determines that an administrative violation has occurred, the
570-22 hearing officer shall include in the decision the amount of the
570-23 administrative penalty assessed and shall order payment of the
570-24 penalty.
570-25 (c) The findings of fact, the decision, and the order shall
570-26 be sent immediately to the charged party. (V.A.C.S. Art.
570-27 8308-10.33.)
571-1 Sec. 415.035. JUDICIAL REVIEW. (a) A decision under
571-2 Section 415.034 is subject to judicial review in the manner
571-3 provided for judicial review under the Administrative Procedure and
571-4 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
571-5 Statutes).
571-6 (b) If an administrative penalty is assessed, the person
571-7 charged shall:
571-8 (1) forward the amount of the penalty to the executive
571-9 director for deposit in an escrow account; or
571-10 (2) post with the executive director a bond for the
571-11 amount of the penalty, effective until all judicial review of the
571-12 determination is final.
571-13 (c) Failure to comply with Subsection (b) results in a
571-14 waiver of all legal rights to contest the violation or the amount
571-15 of the penalty.
571-16 (d) If the court determines that the penalty should not have
571-17 been assessed or reduces the amount of the penalty, the executive
571-18 director shall:
571-19 (1) remit the appropriate amount, plus accrued
571-20 interest, if the administrative penalty was paid; or
571-21 (2) release the bond. (V.A.C.S. Art. 8308-10.35.)
571-22 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
571-23 OF DUTY
571-24 Sec. 416.001. CERTAIN CAUSES OF ACTION PRECLUDED
571-25 Sec. 416.002. EXEMPLARY DAMAGES
571-26 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
571-27 OF DUTY
572-1 Sec. 416.001. Certain Causes of Action Precluded. An action
572-2 taken by an insurance carrier under an order of the commission or
572-3 recommendations of a benefit review officer under Section 410.031,
572-4 410.032, or 410.033 may not be the basis of a cause of action
572-5 against the insurance carrier for a breach of the duty of good
572-6 faith and fair dealing. (V.A.C.S. Art. 8308-10.41.)
572-7 Sec. 416.002. EXEMPLARY DAMAGES. (a) In an action against
572-8 an insurance carrier for a breach of the duty of good faith and
572-9 fair dealing, recovery of exemplary damages is limited to the
572-10 greater of:
572-11 (1) four times the amount of actual damages; or
572-12 (2) $250,000.
572-13 (b) An action against a governmental entity or unit or an
572-14 employee of a governmental entity or unit for a breach of the duty
572-15 of good faith and fair dealing is governed by Chapters 101 and 104,
572-16 Civil Practice and Remedies Code. (V.A.C.S. Art. 8308-10.42.)
572-17 CHAPTER 417. THIRD-PARTY LIABILITY
572-18 Sec. 417.001. THIRD-PARTY LIABILITY
572-19 Sec. 417.002. RECOVERY IN THIRD-PARTY ACTION
572-20 Sec. 417.003. ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE
572-21 CARRIER'S INTEREST
572-22 Sec. 417.004. EMPLOYER LIABILITY TO THIRD PARTY
572-23 CHAPTER 417. THIRD-PARTY LIABILITY
572-24 Sec. 417.001. THIRD-PARTY LIABILITY. (a) An employee or
572-25 legal beneficiary may seek damages from a third party who is or
572-26 becomes liable to pay damages for an injury or death that is
572-27 compensable under this subtitle and may also pursue a claim for
573-1 workers' compensation benefits under this subtitle.
573-2 (b) If a benefit is claimed by an injured employee or a
573-3 legal beneficiary of the employee, the insurance carrier is
573-4 subrogated to the rights of the injured employee and may enforce
573-5 the liability of the third party in the name of the injured
573-6 employee or the legal beneficiary. If the recovery is for an
573-7 amount greater than that paid or assumed by the insurance carrier
573-8 to the employee or the legal beneficiary, the insurance carrier
573-9 shall:
573-10 (1) reimburse itself and pay the costs from the amount
573-11 recovered; and
573-12 (2) pay the remainder of the amount recovered to the
573-13 injured employee or the legal beneficiary.
573-14 (c) If a claimant receives benefits from the subsequent
573-15 injury fund, the commission is:
573-16 (1) considered to be the insurance carrier under this
573-17 section for purposes of those benefits;
573-18 (2) subrogated to the rights of the claimant; and
573-19 (3) entitled to reimbursement in the same manner as
573-20 the insurance carrier.
573-21 (d) The commission shall remit money recovered under this
573-22 section to the state treasurer for deposit to the credit of the
573-23 subsequent injury fund. (V.A.C.S. Arts. 8308-4.05(a), (b), (c).)
573-24 Sec. 417.002. RECOVERY IN THIRD-PARTY ACTION. (a) The net
573-25 amount recovered by a claimant in a third-party action shall be
573-26 used to reimburse the insurance carrier for benefits, including
573-27 medical benefits, that have been paid for the compensable injury.
574-1 (b) Any amount recovered that exceeds the amount of the
574-2 reimbursement required under Subsection (a) shall be treated as an
574-3 advance against future benefits, including medical benefits, that
574-4 the claimant is entitled to receive under this subtitle.
574-5 (c) If the advance under Subsection (b) is adequate to cover
574-6 all future benefits, the insurance carrier is not required to
574-7 resume the payment of benefits. If the advance is insufficient,
574-8 the insurance carrier shall resume the payment of benefits when the
574-9 advance is exhausted. (V.A.C.S. Art. 8308-4.05(f).)
574-10 Sec. 417.003. ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE
574-11 CARRIER'S INTEREST. (a) An insurance carrier whose interest is
574-12 not actively represented by an attorney in a third-party action
574-13 shall pay a fee to an attorney representing the claimant in the
574-14 amount agreed on between the attorney and the insurance carrier.
574-15 In the absence of an agreement, the court shall award to the
574-16 attorney payable out of the insurance carrier's recovery:
574-17 (1) a reasonable fee for recovery of the insurance
574-18 carrier's interest that may not exceed one-third of the insurance
574-19 carrier's recovery; and
574-20 (2) a proportionate share of expenses.
574-21 (b) An attorney who represents the claimant and is also to
574-22 represent the subrogated insurance carrier shall make a full
574-23 written disclosure to the claimant before employment as an attorney
574-24 by the insurance carrier. The claimant must acknowledge the
574-25 disclosure and consent to the representation. A signed copy of the
574-26 disclosure shall be furnished to all concerned parties and made a
574-27 part of the commission file. A copy of the disclosure with the
575-1 claimant's consent shall be filed with the claimant's pleading
575-2 before a judgment is entered and approved by the court. The
575-3 claimant's attorney may not receive a fee under this section to
575-4 which the attorney is otherwise entitled under an agreement with
575-5 the insurance carrier unless the attorney complies with the
575-6 requirements of this subsection.
575-7 (c) If an attorney actively representing the insurance
575-8 carrier's interest actively participates in obtaining a recovery,
575-9 the court shall award and apportion between the claimant's and the
575-10 insurance carrier's attorneys a fee payable out of the insurance
575-11 carrier's subrogation recovery. In apportioning the award, the
575-12 court shall consider the benefit accruing to the insurance carrier
575-13 as a result of each attorney's service. The total attorney's fees
575-14 may not exceed one-third of the insurance carrier's recovery.
575-15 (d) For purposes of determining the amount of an attorney's
575-16 fee under this section, only the amount recovered for benefits,
575-17 including medical benefits, that have been paid by the insurance
575-18 carrier may be considered. (V.A.C.S. Arts. 8308-4.05(d) (part),
575-19 (e), (g).)
575-20 Sec. 417.004. EMPLOYER LIABILITY TO THIRD PARTY. In an
575-21 action for damages brought by an injured employee, a legal
575-22 beneficiary, or an insurance carrier against a third party liable
575-23 to pay damages for the injury or death under this chapter that
575-24 results in a judgment against the third party or a settlement by
575-25 the third party, the employer is not liable to the third party for
575-26 reimbursement or damages based on the judgment or settlement unless
575-27 the employer executed, before the injury or death occurred, a
576-1 written agreement with the third party to assume the liability.
576-2 (V.A.C.S. Art. 8308-4.04.)
576-3 (Chapters 418-450 reserved for expansion)
576-4 SUBTITLE B. DISCRIMINATION ISSUES
576-5 CHAPTER 451. DISCRIMINATION PROHIBITED
576-6 Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED
576-7 Sec. 451.002. REMEDIES; BURDEN OF PROOF
576-8 Sec. 451.003. INJUNCTION
576-9 CHAPTER 451. DISCRIMINATION PROHIBITED
576-10 Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.
576-11 A person may not discharge or in any other manner discriminate
576-12 against an employee because the employee has:
576-13 (1) filed a workers' compensation claim in good faith;
576-14 (2) hired a lawyer to represent the employee in a
576-15 claim;
576-16 (3) instituted or caused to be instituted in good
576-17 faith a proceeding under Subtitle A; or
576-18 (4) testified or is about to testify in a proceeding
576-19 under Subtitle A. (V.A.C.S. Art. 8307c, Sec. 1.)
576-20 Sec. 451.002. REMEDIES; BURDEN OF PROOF. (a) A person who
576-21 violates Section 451.001 is liable for reasonable damages incurred
576-22 by the employee as a result of the violation.
576-23 (b) An employee discharged in violation of Section 451.001
576-24 is entitled to reinstatement in the former position of employment.
576-25 (c) The burden of proof in a proceeding under this section
576-26 is on the employee. (V.A.C.S. Art. 8307c, Sec. 2.)
576-27 Sec. 451.003. INJUNCTION. A district court may restrain,
577-1 for cause shown, a violation of Section 451.001. (V.A.C.S. Art.
577-2 8307c, Sec. 3.)
577-3 (Chapters 452-500 reserved for expansion)
577-4 SUBTITLE C. WORKERS' COMPENSATION INSURANCE
577-5 COVERAGE FOR CERTAIN GOVERNMENT EMPLOYEES
577-6 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
577-7 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF
577-8 THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
577-9 SUBCHAPTER A. GENERAL PROVISIONS
577-10 Sec. 501.001. DEFINITIONS
577-11 Sec. 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
577-12 LIMIT ON ACTIONS AND DAMAGES
577-13 Sec. 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
577-14 (Sections 501.004-501.020 reserved for expansion)
577-15 SUBCHAPTER B. COVERAGE
577-16 Sec. 501.021. WORKERS' COMPENSATION COVERAGE FOR
577-17 EMPLOYEES
577-18 Sec. 501.022. TEXAS TECH UNIVERSITY EMPLOYEES
577-19 Sec. 501.023. STATE SELF-INSURING
577-20 Sec. 501.024. EXCLUSIONS FROM COVERAGE
577-21 Sec. 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES
577-22 (Sections 501.026-501.040 reserved for expansion)
577-23 SUBCHAPTER C. ADMINISTRATION
577-24 Sec. 501.041. WORKERS' COMPENSATION DIVISION; DIRECTOR
577-25 Sec. 501.042. DIRECTOR AS EMPLOYER AND INSURER
577-26 Sec. 501.043. DIRECTOR'S POWERS AND DUTIES
577-27 Sec. 501.044. EFFECT OF SICK LEAVE
578-1 Sec. 501.045. EFFECT OF EMERGENCY LEAVE
578-2 Sec. 501.046. REPORTS OF TERMINATION OR CONTINUATION
578-3 OF INJURIES
578-4 Sec. 501.047. REPORTS TO LEGISLATURE
578-5 Sec. 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS
578-6 Sec. 501.049. STATE WORKERS' COMPENSATION ACCOUNT
578-7 Sec. 501.050. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
578-8 JUDGMENT; OFFENSE
578-9 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
578-10 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF
578-11 THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
578-12 SUBCHAPTER A. GENERAL PROVISIONS
578-13 Sec. 501.001. DEFINITIONS. In this chapter:
578-14 (1) "Commission" means the Texas Workers' Compensation
578-15 Commission.
578-16 (2) "Compensable injury" has the meaning assigned to
578-17 that term under Subtitle A.
578-18 (3) "Director" means the director of the workers'
578-19 compensation division of the attorney general's office.
578-20 (4) "Division" means the workers' compensation
578-21 division of the attorney general's office.
578-22 (5) "Employee" means a person who is:
578-23 (A) in the service of the state pursuant to an
578-24 election, appointment, or express oral or written contract of hire;
578-25 (B) paid from state funds but whose duties
578-26 require that the person work and frequently receive supervision in
578-27 a political subdivision of the state; or
579-1 (C) a peace officer employed by a political
579-2 subdivision, while the peace officer is exercising authority
579-3 granted under Article 14.03(c), Code of Criminal Procedure.
579-4 (6) "State agency" includes a department, board,
579-5 commission, or institution of this state. (New; V.A.C.S. Art.
579-6 8309g, Secs. 1(1), (3) (part), (4), (5), (6).)
579-7 Sec. 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
579-8 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
579-9 of Subtitles A and B apply to and are included in this chapter
579-10 except to the extent that they are inconsistent with this chapter:
579-11 (1) Chapter 401, other than Section 401.012 defining
579-12 "employee";
579-13 (2) Chapter 402;
579-14 (3) Chapter 403, other than Sections 403.001-403.005;
579-15 (4) Chapter 405;
579-16 (5) Subchapters B and D through H, Chapter 406, other
579-17 than Sections 406.071(a), 406.073, and 406.075;
579-18 (6) Chapter 408, other than Sections 408.001(b) and
579-19 (c);
579-20 (7) Chapters 409 and 410;
579-21 (8) Subchapters A and G, Chapter 411, other than
579-22 Sections 411.003 and 411.004;
579-23 (9) Chapters 412-417; and
579-24 (10) Chapter 451.
579-25 (b) For the purposes of Chapter 451, the individual agency
579-26 shall be considered the employer.
579-27 (c) For the purpose of applying the provisions listed by
580-1 Subsection (a) to this chapter, "insurer" or "employer" means
580-2 "state," "division," or "director," as applicable.
580-3 (d) Neither this chapter nor Subtitle A authorizes a cause
580-4 of action or damages against the state, a state agency, or an
580-5 employee of the state beyond the actions and damages authorized by
580-6 Chapter 101, Civil Practice and Remedies Code. (V.A.C.S. Art.
580-7 8309g, Sec. 15.)
580-8 Sec. 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
580-9 The provisions of this chapter and the rules of the director
580-10 affecting an employee also apply to the legal beneficiary of a
580-11 deceased employee.
580-12 (b) In this section, "legal beneficiary" has the meaning
580-13 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309g,
580-14 Secs. 1(3) (part), 13.)
580-15 (Sections 501.004-501.020 reserved for expansion)
580-16 SUBCHAPTER B. COVERAGE
580-17 Sec. 501.021. WORKERS' COMPENSATION COVERAGE FOR EMPLOYEES.
580-18 An employee with a compensable injury is entitled to compensation
580-19 by the director as provided by this chapter. (V.A.C.S. Art. 8309g,
580-20 Sec. 11(a).)
580-21 Sec. 501.022. TEXAS TECH UNIVERSITY EMPLOYEES. An eligible
580-22 employee of Texas Tech University, Texas Tech University Research
580-23 Farm, Texas Tech University School of Medicine at Lubbock, or
580-24 another agency under the direction and control of the board of
580-25 regents of Texas Tech University is entitled to participate in the
580-26 workers' compensation program for state employees provided under
580-27 this chapter. (V.A.C.S. Art. 8309g-1.)
581-1 Sec. 501.023. STATE SELF-INSURING. The state is
581-2 self-insuring with respect to an employee's compensable injury.
581-3 (V.A.C.S. Art. 8309g, Sec. 2.)
581-4 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
581-5 persons are excluded from coverage as an employee under this
581-6 chapter:
581-7 (1) a person performing personal services for the
581-8 state as an independent contractor or volunteer;
581-9 (2) a member of the state military forces as defined
581-10 by Section 431.001, Government Code;
581-11 (3) a person who at the time of injury was performing
581-12 services for the federal government and who is covered by some form
581-13 of federal workers' compensation insurance;
581-14 (4) a prisoner or inmate of a prison or correctional
581-15 institution;
581-16 (5) a client or patient of a state agency;
581-17 (6) a person employed by the Texas Department of
581-18 Transportation who is covered under Chapter 505;
581-19 (7) a person employed by The University of Texas
581-20 System who is covered by Chapter 503; and
581-21 (8) a person employed by The Texas A&M University
581-22 System who is covered by Chapter 502. (V.A.C.S. Art. 8309g,
581-23 Sec. 1(2).)
581-24 Sec. 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (a) An
581-25 employee who performs services outside the state is entitled to
581-26 benefits under this chapter even if the person:
581-27 (1) is hired or not hired in this state;
582-1 (2) does not work in this state;
582-2 (3) works both in this state and out of state;
582-3 (4) is injured outside this state; or
582-4 (5) has been outside this state for more than one
582-5 year.
582-6 (b) An employee who elects to pursue remedies provided by
582-7 the state where the injury occurred is not entitled to benefits
582-8 under this chapter. (V.A.C.S. Art. 8309g, Sec. 17.)
582-9 (Sections 501.026-501.040 reserved for expansion)
582-10 SUBCHAPTER C. ADMINISTRATION
582-11 Sec. 501.041. WORKERS' COMPENSATION DIVISION; DIRECTOR. (a)
582-12 The attorney general shall maintain a division of workers'
582-13 compensation to administer this chapter.
582-14 (b) The attorney general shall appoint a director to act as
582-15 chief executive and administrative officer of the division.
582-16 (c) The attorney general shall provide the director with
582-17 office space and sufficient personnel to administer this chapter.
582-18 (d) The director shall administer this chapter with money
582-19 appropriated by the legislature.
582-20 (e) With the approval of the attorney general, the director
582-21 may contract with a company authorized to do business in this state
582-22 for any or all of the administrative services required by this
582-23 chapter. A contract awarded under this subsection shall be awarded
582-24 on the basis of competitive bidding by qualified companies.
582-25 (V.A.C.S. Art. 8309g, Sec. 3.)
582-26 Sec. 501.042. DIRECTOR AS EMPLOYER AND INSURER. (a) In
582-27 administering and enforcing this chapter, the director shall act in
583-1 the capacity of employer and insurer.
583-2 (b) The director shall act as an adversary before the
583-3 commission and courts and present the legal defenses and positions
583-4 of the state as an employer and insurer.
583-5 (c) For the purposes of this section, the director is
583-6 entitled to the legal counsel of the attorney general.
583-7 (d) The director is subject to the rules, orders, and
583-8 decisions of the commission in the same manner as a private
583-9 employer, insurer, or association. (V.A.C.S. Art. 8309g, Secs. 4,
583-10 10.)
583-11 Sec. 501.043. DIRECTOR'S POWERS AND DUTIES. (a) The
583-12 director shall:
583-13 (1) adopt procedural rules and prescribe forms
583-14 necessary for the effective administration of this chapter; and
583-15 (2) adopt and enforce reasonable rules for the
583-16 prevention of accidents and injuries.
583-17 (b) The director shall hold hearings on all proposed rules
583-18 and provide reasonable opportunity for the officers of state
583-19 agencies to testify at hearings on all proposed rules under this
583-20 section.
583-21 (c) The director shall furnish copies of all rules to the
583-22 commission and to the administrative heads of all state agencies
583-23 affected by this chapter. (V.A.C.S. Art. 8309g, Secs. 5, 6 (part),
583-24 7.)
583-25 Sec. 501.044. EFFECT OF SICK LEAVE. An employee may elect
583-26 to use accrued sick leave before receiving income benefits. If an
583-27 employee elects to use sick leave, the employee is not entitled to
584-1 income benefits under this chapter until the employee has exhausted
584-2 the employee's accrued sick leave. (V.A.C.S. Art. 8309g,
584-3 Sec. 12(a).)
584-4 Sec. 501.045. EFFECT OF EMERGENCY LEAVE. (a) Payments for
584-5 emergency leave authorized by the administrative head of a state
584-6 agency in accordance with the General Appropriations Act for an
584-7 employee receiving income benefits under this chapter may not:
584-8 (1) exceed for a month the amount computed by
584-9 subtracting the amount of income benefits received for the month
584-10 from the basic monthly wage of the employee; and
584-11 (2) be paid for a period longer than six months after
584-12 the date on which benefits begin.
584-13 (b) The administrative head authorizing the emergency leave
584-14 payments shall review the merits of each case individually.
584-15 (c) If payment for emergency leave is authorized, the state
584-16 agency shall attach a statement of the reasons for the
584-17 authorization to its duplicate payroll voucher for the first
584-18 payroll period affected by the leave. (V.A.C.S. Art. 8309g, Sec.
584-19 12(b).)
584-20 Sec. 501.046. REPORTS OF TERMINATION OR CONTINUATION OF
584-21 INJURIES. In addition to other reports required by the commission,
584-22 the director shall file a subsequent report not later than the 10th
584-23 day after the date of the termination of the injured employee's
584-24 incapacity. If the employee's incapacity extends beyond 60 days,
584-25 the director shall file a subsequent report before the 70th day
584-26 after the date the employee's incapacity began. (V.A.C.S. Art.
584-27 8309g, Sec. 8 (part).)
585-1 Sec. 501.047. REPORTS TO LEGISLATURE. (a) The director
585-2 shall report to the legislature at the beginning of each regular
585-3 session.
585-4 (b) The report required under this section shall be dated
585-5 January 1 of the year in which the regular session is held and
585-6 must include:
585-7 (1) a list of all persons who have received benefits
585-8 under this chapter, the nature and cause of each injury, and the
585-9 amounts paid weekly in income benefits and for medical, hospital,
585-10 and other services;
585-11 (2) a summary of administrative expenses;
585-12 (3) a statement:
585-13 (A) showing the amount of the money appropriated
585-14 by the preceding legislature that remains unexpended on the date of
585-15 the report; and
585-16 (B) estimating the amount of that balance
585-17 necessary to administer this chapter for the remainder of that
585-18 fiscal year; and
585-19 (4) an estimate, based on experience factors, of the
585-20 amount of money that will be required to administer this chapter
585-21 and pay for the compensation and services provided under this
585-22 chapter during the next succeeding biennium.
585-23 (c) The director shall report to the legislature a state
585-24 agency that fails to meet its obligation regarding the prevention
585-25 of accidents and injuries to state employees. (V.A.C.S. Art.
585-26 8309g, Secs. 6 (part), 9.)
585-27 Sec. 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS. Each
586-1 state agency shall submit in the administrative statement of its
586-2 biennial budget request a summary containing:
586-3 (1) the number of first reports of injury filed by the
586-4 agency during the preceding biennium;
586-5 (2) the amount of workers' compensation indemnity and
586-6 medical benefits paid to or for employees during the preceding
586-7 biennium;
586-8 (3) the number of on-the-job injuries per 100 of its
586-9 employees during each year of the preceding biennium; and
586-10 (4) a description of the efforts made by the agency to
586-11 increase job safety and to reduce job injuries, including the
586-12 participation of the head of the agency and the executive staff of
586-13 the agency in training programs offered by the division and others.
586-14 (V.A.C.S. Art. 8309g, Sec. 6 (part).)
586-15 Sec. 501.049. STATE WORKERS' COMPENSATION ACCOUNT. (a) All
586-16 money recovered by the director from a third party through
586-17 subrogation shall be deposited into the state workers' compensation
586-18 account in general revenue.
586-19 (b) Funds deposited under this section may be used for the
586-20 payment of compensation and other benefits to state employees.
586-21 (V.A.C.S. Art. 8309g, Sec. 18.)
586-22 Sec. 501.050. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
586-23 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
586-24 to a county or district court:
586-25 (1) the clerk of the court shall mail to the
586-26 commission:
586-27 (A) not later than the 20th day after the date
587-1 the case is filed, a notice containing the style, number, and date
587-2 of filing of the case; and
587-3 (B) not later than the 20th day after the date
587-4 the judgment is rendered, a certified copy of the judgment; and
587-5 (2) the attorney preparing the judgment shall file the
587-6 original and a copy of the judgment with the clerk.
587-7 (b) An attorney's failure to comply with Subsection (a)(2)
587-8 does not excuse the failure of a county or district clerk to comply
587-9 with Subsection (a)(1)(B).
587-10 (c) The clerk is not entitled to a fee for the services.
587-11 (d) A county or district clerk who violates this section
587-12 commits an offense. An offense under this subsection is a
587-13 misdemeanor punishable by a fine not to exceed $250. (V.A.C.S.
587-14 Art. 8309g, Sec. 14.)
587-15 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
587-16 EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM
587-17 SUBCHAPTER A. GENERAL PROVISIONS
587-18 Sec. 502.001. DEFINITIONS
587-19 Sec. 502.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
587-20 LIMIT ON ACTIONS AND DAMAGES
587-21 Sec. 502.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
587-22 (Sections 502.004-502.020 reserved for expansion)
587-23 SUBCHAPTER B. COVERAGE
587-24 Sec. 502.021. WORKERS' COMPENSATION COVERAGE FOR INSTITUTION
587-25 EMPLOYEES
587-26 Sec. 502.022. AUTHORITY TO SELF-INSURE
587-27 Sec. 502.023. INSURANCE REQUIREMENT
588-1 Sec. 502.024. PREEXISTING DISQUALIFYING CONDITION
588-2 (Sections 502.025-502.040 reserved for expansion)
588-3 SUBCHAPTER C. OFFSETS
588-4 Sec. 502.041. EXHAUSTION OF ANNUAL AND SICK LEAVE
588-5 (Sections 502.042-502.060 reserved for expansion)
588-6 SUBCHAPTER D. ADMINISTRATION
588-7 Sec. 502.061. ADMINISTRATION AND RULES
588-8 Sec. 502.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
588-9 COMPENSATION EXPENSES; ACCOUNT; REPORTS
588-10 Sec. 502.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS
588-11 Sec. 502.064. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
588-12 PHYSICIANS; INSTITUTION RECORDS
588-13 Sec. 502.065. REPORTS OF INJURIES
588-14 Sec. 502.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
588-15 TO SUBMIT TO EXAMINATION
588-16 Sec. 502.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
588-17 Sec. 502.068. POSTPONEMENT OF HEARING
588-18 Sec. 502.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
588-19 OFFENSE
588-20 Sec. 502.070. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE
588-21 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
588-22 EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM
588-23 SUBCHAPTER A. GENERAL PROVISIONS
588-24 Sec. 502.001. DEFINITIONS. In this chapter:
588-25 (1) "Commission" means the Texas Workers' Compensation
588-26 Commission.
588-27 (2) "Employee" means a person employed in the service
589-1 of an institution whose name appears on the institution's payroll.
589-2 (3) "Institution" means an institution of higher
589-3 education or agency under the direction or governance of the board
589-4 of regents of The Texas A&M University System.
589-5 (4) "System" has the meaning assigned by Section
589-6 85.01(1), Education Code. (New; V.A.C.S. Art. 8309b, Secs.
589-7 2(a)(1), (2), (3), (4).)
589-8 Sec. 502.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
589-9 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
589-10 of Subtitle A apply to and are included in this chapter except to
589-11 the extent that they are inconsistent with this chapter:
589-12 (1) Chapter 401, other than Section 401.012 defining
589-13 "employee";
589-14 (2) Chapter 402;
589-15 (3) Chapter 403, other than Sections 403.001-403.005;
589-16 (4) Chapter 405;
589-17 (5) Sections 406.031-406.033; Subchapter D, Chapter
589-18 406; Sections 406.092 and 406.093;
589-19 (6) Chapter 408, other than Sections 408.001(b) and
589-20 (c);
589-21 (7) Chapters 409 and 410;
589-22 (8) Subchapters A and G, Chapter 411, other than
589-23 Sections 411.003 and 411.004; and
589-24 (9) Chapters 412-417.
589-25 (b) For the purpose of applying the provisions listed by
589-26 Subsection (a) to this chapter, "employer" means "the institution."
589-27 (c) Neither this chapter nor Subtitle A authorizes a cause
590-1 of action or damages against the system or any institution or
590-2 employee of the system or institution beyond the actions and
590-3 damages authorized by Chapter 101, Civil Practice and Remedies
590-4 Code. (V.A.C.S. Art. 8309b, Sec. 7.)
590-5 Sec. 502.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
590-6 A reference in this chapter to an injured employee includes the
590-7 legal beneficiaries of the employee if the injured employee is
590-8 dead.
590-9 (b) In this section, "legal beneficiary" has the meaning
590-10 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309b,
590-11 Secs. 2(a)(5), (b) (part).)
590-12 (Sections 502.004-502.020 reserved for expansion)
590-13 SUBCHAPTER B. COVERAGE
590-14 Sec. 502.021. WORKERS' COMPENSATION COVERAGE FOR INSTITUTION
590-15 EMPLOYEES. (a) The institution shall pay benefits as provided by
590-16 this chapter to an employee with a compensable injury.
590-17 (b) A benefit under this section for an employee who is
590-18 employed on less than a full workday basis may not exceed 60
590-19 percent of the employee's average weekly wage as computed under
590-20 Section 408.042.
590-21 (c) A benefit shall be paid weekly as it accrues directly to
590-22 the person entitled to it unless the liability is redeemed as
590-23 provided by this chapter.
590-24 (d) In this section, "average weekly wage" has the meaning
590-25 assigned to that term by Subchapter C, Chapter 408. (V.A.C.S.
590-26 Art. 8309b, Secs. 2(a)(6), 3 (part), 4, 9 (part).)
590-27 Sec. 502.022. AUTHORITY TO SELF-INSURE. An institution may
591-1 self-insure. (V.A.C.S. Art. 8309b, Sec. 3 (part).)
591-2 Sec. 502.023. INSURANCE REQUIREMENT. (a) The board of
591-3 regents of the system may require each employee, as a condition of
591-4 employment, to acquire protection under a group life and accident
591-5 insurance plan approved by the board.
591-6 (b) This section does not apply to an employee who is paid
591-7 on a piece-work basis or on any basis other than by the hour, day,
591-8 week, month, or year. (V.A.C.S. Art. 8309b, Sec. 3 (part).)
591-9 Sec. 502.024. PREEXISTING DISQUALIFYING CONDITION. (a) An
591-10 institution may certify as an employee a person who indicates a
591-11 preexisting disqualifying physical condition in a medical history
591-12 obtained under Section 502.064 or who is found to have a
591-13 preexisting disqualifying medical condition in a physical
591-14 examination under Section 502.064 on the condition that the person
591-15 execute in writing a waiver of coverage under this chapter for the
591-16 preexisting disqualifying physical condition before becoming an
591-17 employee of the institution.
591-18 (b) A waiver under Subsection (a) is valid and binding on
591-19 the employee who executes the waiver. Compensation or death
591-20 benefits may not be paid to the employee or the employee's
591-21 beneficiaries for an injury or death of the employee that is
591-22 attributable to the condition for which coverage was waived.
591-23 (V.A.C.S. Art. 8309b, Sec. 15.)
591-24 (Sections 502.025-502.040 reserved for expansion)
591-25 SUBCHAPTER C. OFFSETS
591-26 Sec. 502.041. EXHAUSTION OF ANNUAL AND SICK LEAVE. (a) An
591-27 institution may provide that an injured employee may remain on the
592-1 payroll until the employee's earned annual and sick leave is
592-2 exhausted.
592-3 (b) While an injured employee remains on the payroll under
592-4 Subsection (a), medical services remain available to the employee,
592-5 but workers' compensation benefits do not accrue or become payable
592-6 to the injured employee. (V.A.C.S. Art. 8309b, Sec. 9 (part).)
592-7 (Sections 502.042-502.060 reserved for expansion)
592-8 SUBCHAPTER D. ADMINISTRATION
592-9 Sec. 502.061. ADMINISTRATION AND RULES. (a) Each
592-10 institution shall administer this chapter.
592-11 (b) Process and procedure under this chapter shall be as
592-12 summary as possible.
592-13 (c) The institution may:
592-14 (1) adopt and publish rules and prescribe and furnish
592-15 forms necessary for the administration of this chapter; and
592-16 (2) adopt and enforce rules necessary for the
592-17 prevention of accidents and injuries. (V.A.C.S. Art. 8309b, Secs.
592-18 3 (part), 10 (part), 13 (part).)
592-19 Sec. 502.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
592-20 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) An institution may
592-21 set aside from its available appropriations, other than itemized
592-22 salary appropriations, an amount not to exceed two percent of the
592-23 institution's annual payroll for the payment of administrative
592-24 expenses, charges, benefits, and awards under this chapter.
592-25 (b) The amount set aside under Subsection (a) shall be set
592-26 up in a separate account in the institution's records. The balance
592-27 of the account at any time may not exceed an amount equal to two
593-1 percent of the institution's annual payroll.
593-2 (c) The account must show the disbursements authorized by
593-3 this chapter. A statement of the amount set aside for the account
593-4 and the disbursements from the account shall be included in the
593-5 reports made to the governor and the legislature as required by
593-6 law. (V.A.C.S. Art. 8309b, Sec. 19.)
593-7 Sec. 502.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
593-8 The commission shall furnish a certified copy of an order, award,
593-9 decision, or paper on file in the commission's office to a person
593-10 entitled to the copy on written request and payment of the fee for
593-11 the copy. The fee is the same as that charged for similar services
593-12 by the secretary of state's office.
593-13 (b) An institution may obtain certified copies under this
593-14 section without charge.
593-15 (c) A fee or salary may not be paid to a member or employee
593-16 of the commission for making a copy under Subsection (a) that
593-17 exceeds the fee charged for the copy. (V.A.C.S. Art. 8309b, Sec.
593-18 16 (part).)
593-19 Sec. 502.064. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
593-20 PHYSICIANS; INSTITUTION RECORDS. (a) An institution may obtain
593-21 and record on a form prescribed by the institution the medical
593-22 history of a person to be employed by the institution.
593-23 (b) The institution may require that an individual may not
593-24 be certified as an employee of the institution under this chapter
593-25 until the individual:
593-26 (1) submits to a physical examination as provided by
593-27 this section; and
594-1 (2) is certified by the examining physician or
594-2 chiropractor to be physically fit to perform the duties and
594-3 services to which the individual is to be assigned.
594-4 (c) The institution may designate a convenient number of
594-5 licensed practicing physicians and chiropractors to perform
594-6 physical examinations under this section.
594-7 (d) A physician or chiropractor designated under Subsection
594-8 (c) who conducts an examination shall file with the institution a
594-9 complete transcript of the examination. The transcript must be
594-10 sworn to on a form provided by the institution.
594-11 (e) The institution shall maintain all reports and medical
594-12 histories filed with the institution under this section as part of
594-13 the institution's permanent records. (V.A.C.S. Art. 8309b, Secs.
594-14 13 (part), 14.)
594-15 Sec. 502.065. REPORTS OF INJURIES. (a) In addition to a
594-16 report of an injury filed with the commission under Section
594-17 409.005(a), an institution shall file a supplemental report that
594-18 contains:
594-19 (1) the name, age, sex, and occupation of the injured
594-20 employee;
594-21 (2) the character of work in which the employee was
594-22 engaged at the time of the injury;
594-23 (3) the place, date, and hour of the injury; and
594-24 (4) the nature and cause of the injury.
594-25 (b) The institution shall file the supplemental report on a
594-26 form obtained for that purpose:
594-27 (1) on the termination of incapacity of the injured
595-1 employee; or
595-2 (2) if the incapacity extends beyond 60 days.
595-3 (V.A.C.S. Art. 8309b, Sec. 12 (part).)
595-4 Sec. 502.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
595-5 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
595-6 an employee who claims to have been injured to submit to an
595-7 examination by the commission or a person acting under the
595-8 commission's authority at a reasonable time and place in this
595-9 state.
595-10 (b) On the request of an employee or the institution, the
595-11 employee or the institution is entitled to have a physician or
595-12 chiropractor selected by the employee or the institution, as
595-13 appropriate, present to participate in an examination under
595-14 Subsection (a) or Section 408.004.
595-15 (c) An employee is not entitled to compensation during or
595-16 for a period in which the employee refuses to submit to an
595-17 examination under Subsection (a) or Section 408.004.
595-18 (d) The institution may have an injured employee examined at
595-19 a reasonable time and at a place suitable to the employee's
595-20 condition and convenient and accessible to the employee by a
595-21 physician or chiropractor selected by the institution. The
595-22 institution shall pay for an examination under this subsection and
595-23 for the employee's reasonable expenses incident to the examination.
595-24 The employee is entitled to have a physician or chiropractor
595-25 selected by the employee present to participate in an examination
595-26 under this subsection.
595-27 (e) The institution shall pay the fee set by the commission
596-1 of a physician or chiropractor selected by the employee under
596-2 Subsection (b) or (d). (V.A.C.S. Art. 8309b, Sec. 10 (part).)
596-3 Sec. 502.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
596-4 The commission may order or direct the institution to reduce or
596-5 suspend the compensation of an injured employee who:
596-6 (1) persists in insanitary or injurious practices that
596-7 tend to imperil or retard the employee's recovery; or
596-8 (2) refuses to submit to medical, surgical,
596-9 chiropractic, or other remedial treatment recognized by the state
596-10 that is reasonably essential to promote the employee's recovery.
596-11 (b) Compensation may not be reduced or suspended under this
596-12 section without reasonable notice to the employee and an
596-13 opportunity to be heard. (V.A.C.S. Art. 8309b, Sec. 10 (part).)
596-14 Sec. 502.068. POSTPONEMENT OF HEARING. If an injured
596-15 employee is receiving benefits under this chapter and the
596-16 institution is providing hospitalization, medical treatment, or
596-17 chiropractic care to the employee, the commission may postpone the
596-18 hearing on the employee's claim. An appeal may not be taken from a
596-19 commission order under this section. (V.A.C.S. Art. 8309b, Sec. 18
596-20 (part).)
596-21 Sec. 502.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
596-22 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
596-23 to a county or district court:
596-24 (1) the clerk of the court shall mail to the
596-25 commission:
596-26 (A) not later than the 20th day after the date
596-27 the case is filed, a notice containing the style, number, and date
597-1 of filing of the case; and
597-2 (B) not later than the 20th day after the date
597-3 the judgment is rendered, a certified copy of the judgment; and
597-4 (2) the attorney preparing the judgment shall file the
597-5 original and a copy of the judgment with the clerk.
597-6 (b) An attorney's failure to comply with Subsection (a)(2)
597-7 does not excuse the failure of a county or district clerk to comply
597-8 with Subsection (a)(1)(B).
597-9 (c) The duties of a county or district clerk under
597-10 Subsection (a)(1) are part of the clerk's ex officio duties, and
597-11 the clerk is not entitled to a fee for the services.
597-12 (d) A county or district clerk who violates this section
597-13 commits an offense. An offense under this section is a misdemeanor
597-14 punishable by a fine not to exceed $250. (V.A.C.S. Art. 8309b,
597-15 Sec. 21.)
597-16 Sec. 502.070. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE. The
597-17 attorney general is the institution's legal representative and may
597-18 bring and defend all suits and hearings necessary to carry out the
597-19 purposes of this chapter. (V.A.C.S. Art. 8309b, Sec. 20.)
597-20 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
597-21 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
597-22 SUBCHAPTER A. GENERAL PROVISIONS
597-23 Sec. 503.001. DEFINITIONS
597-24 Sec. 503.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
597-25 LIMIT ON ACTIONS AND DAMAGES
597-26 Sec. 503.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
597-27 (Sections 503.004-503.020 reserved for expansion)
598-1 SUBCHAPTER B. COVERAGE
598-2 Sec. 503.021. WORKERS' COMPENSATION COVERAGE FOR SYSTEM
598-3 AND INSTITUTION EMPLOYEES
598-4 Sec. 503.022. AUTHORITY TO SELF-INSURE
598-5 Sec. 503.023. INSURANCE REQUIREMENT
598-6 Sec. 503.024. WAIVER OF RIGHTS
598-7 (Sections 503.025-503.040 reserved for expansion)
598-8 SUBCHAPTER C. OFFSETS
598-9 Sec. 503.041. EXHAUSTION OF ANNUAL AND SICK LEAVE
598-10 (Sections 503.042-503.060 reserved for expansion)
598-11 SUBCHAPTER D. ADMINISTRATION
598-12 Sec. 503.061. ADMINISTRATION AND RULES
598-13 Sec. 503.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
598-14 COMPENSATION EXPENSES; ACCOUNT; REPORTS
598-15 Sec. 503.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS
598-16 Sec. 503.064. EXAMINING PHYSICIANS
598-17 Sec. 503.065. REPORTS OF INJURIES
598-18 Sec. 503.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
598-19 TO SUBMIT TO EXAMINATION
598-20 Sec. 503.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
598-21 Sec. 503.068. POSTPONEMENT OF HEARING
598-22 Sec. 503.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
598-23 OFFENSE
598-24 Sec. 503.070. VENUE FOR JUDICIAL REVIEW
598-25 Sec. 503.071. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE
598-26 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
598-27 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
599-1 SUBCHAPTER A. GENERAL PROVISIONS
599-2 Sec. 503.001. DEFINITIONS. In this chapter:
599-3 (1) "Commission" means the Texas Workers' Compensation
599-4 Commission.
599-5 (2) "Employee" means a person employed in the service
599-6 of the system under an appointment or oral or written express
599-7 contract for hire whose name appears on the system's payroll.
599-8 (3) "Institution" means an institution of higher
599-9 education or agency under the direction of the board of regents of
599-10 The University of Texas System.
599-11 (4) "System" has the meaning assigned by Section
599-12 65.01(1), Education Code. (New; V.A.C.S. Art. 8309d, Secs.
599-13 2(a)(1), (2), (3), (4).)
599-14 Sec. 503.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
599-15 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
599-16 of Subtitle A apply to and are included in this chapter except to
599-17 the extent that they are inconsistent with this chapter:
599-18 (1) Chapter 401, other than Section 401.012 defining
599-19 "employee";
599-20 (2) Chapter 402;
599-21 (3) Chapter 403, other than Sections 403.001-403.005;
599-22 (4) Chapter 405;
599-23 (5) Sections 406.031-406.033; Subchapter D, Chapter
599-24 406; Sections 406.092 and 406.093;
599-25 (6) Chapter 408, other than Sections 408.001(b) and
599-26 (c);
599-27 (7) Chapters 409 and 410;
600-1 (8) Subchapters A and G, Chapter 411, other than
600-2 Sections 411.003 and 411.004; and
600-3 (9) Chapters 412-417.
600-4 (b) For the purpose of applying the provisions listed by
600-5 Subsection (a) to this chapter, "employer" means "the institution."
600-6 (c) Neither this chapter nor Subtitle A authorizes a cause
600-7 of action or damages against the system or any institution or
600-8 employee of the system or institution beyond the actions and
600-9 damages authorized by Chapter 101, Civil Practice and Remedies
600-10 Code. (V.A.C.S. Art. 8309d, Sec. 7.)
600-11 Sec. 503.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
600-12 A reference in this chapter to an injured employee includes the
600-13 legal beneficiaries of the employee if the injured employee is
600-14 dead.
600-15 (b) In this section, "legal beneficiary" has the meaning
600-16 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309d,
600-17 Secs. 2(a)(5), (b) (part).)
600-18 (Sections 503.004-503.020 reserved for expansion)
600-19 SUBCHAPTER B. COVERAGE
600-20 Sec. 503.021. WORKERS' COMPENSATION COVERAGE FOR SYSTEM AND
600-21 INSTITUTION EMPLOYEES. (a) The institution shall pay benefits as
600-22 provided by this chapter to an employee with a compensable injury.
600-23 (b) A benefit under this section for an employee who is
600-24 employed on less than a full workday basis may not exceed 60
600-25 percent of the employee's average weekly wage as computed under
600-26 Section 408.042.
600-27 (c) A benefit shall be paid weekly as it accrues directly to
601-1 the person entitled to it unless the liability is redeemed as
601-2 provided by this chapter.
601-3 (d) In this section, "average weekly wage" has the meaning
601-4 assigned to that term by Subchapter C, Chapter 408. (V.A.C.S.
601-5 Art. 8309d, Secs. 2(a)(6), 3 (part), 4, 9 (part).)
601-6 Sec. 503.022. AUTHORITY TO SELF-INSURE. An institution may
601-7 self-insure. (V.A.C.S. Art. 8309d, Sec. 3 (part).)
601-8 Sec. 503.023. INSURANCE REQUIREMENT. The board of regents
601-9 of the system may require each person employed by the system or an
601-10 institution other than by appointment or express contract for hire,
601-11 as a condition of employment, to acquire protection under a group
601-12 life and accident insurance plan approved by the board. (V.A.C.S.
601-13 Art. 8309d, Sec. 3 (part).)
601-14 Sec. 503.024. WAIVER OF RIGHTS. An agreement by an employee
601-15 to waive the employee's rights under this chapter is valid if made
601-16 in writing by the employee before becoming an employee. (V.A.C.S.
601-17 Art. 8309d, Sec. 15.)
601-18 (Sections 503.025-503.040 reserved for expansion)
601-19 SUBCHAPTER C. OFFSETS
601-20 Sec. 503.041. EXHAUSTION OF ANNUAL AND SICK LEAVE. (a) An
601-21 institution may provide that an injured employee may remain on the
601-22 payroll until the employee's earned annual and sick leave is
601-23 exhausted.
601-24 (b) While an injured employee remains on the payroll under
601-25 Subsection (a), the employee is entitled to medical benefits but
601-26 income benefits do not accrue. (V.A.C.S. Art. 8309d, Sec. 9
601-27 (part).)
602-1 (Sections 503.042-503.060 reserved for expansion)
602-2 SUBCHAPTER D. ADMINISTRATION
602-3 Sec. 503.061. ADMINISTRATION AND RULES. (a) Each
602-4 institution shall administer this chapter.
602-5 (b) Process and procedure under this chapter shall be as
602-6 summary as possible.
602-7 (c) The institution may:
602-8 (1) adopt and publish rules and prescribe and furnish
602-9 forms necessary for the administration of this chapter; and
602-10 (2) adopt and enforce rules necessary for the
602-11 prevention of accidents and injuries. (V.A.C.S. Art. 8309d, Secs.
602-12 3 (part), 10 (part), 13 (part).)
602-13 Sec. 503.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
602-14 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) An institution may
602-15 set aside from its available appropriations, other than itemized
602-16 salary appropriations, an amount not to exceed two percent of the
602-17 institution's annual payroll for the payment of administrative
602-18 expenses, charges, benefits, and awards under this chapter.
602-19 (b) The amount set aside under Subsection (a) shall be set
602-20 up in a separate account in the institution's records. The balance
602-21 of the account at any time may not exceed an amount equal to two
602-22 percent of the institution's annual payroll.
602-23 (c) The account must show the disbursements authorized by
602-24 this chapter. A statement of the amount set aside for the account
602-25 and the disbursements from the account shall be included in the
602-26 reports made to the governor and the legislature as required by
602-27 law. (V.A.C.S. Art. 8309d, Sec. 19.)
603-1 Sec. 503.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
603-2 The commission shall furnish a certified copy of an order, award,
603-3 decision, or paper on file in the commission's office to a person
603-4 entitled to the copy on written request and payment of the fee for
603-5 the copy. The fee is the same as that charged for similar services
603-6 by the secretary of state's office.
603-7 (b) The institution may obtain certified copies under this
603-8 section without charge.
603-9 (c) A fee or salary may not be paid to a member or employee
603-10 of the commission for making a copy under Subsection (a) that
603-11 exceeds the fee charged for the copy. (V.A.C.S. Art. 8309d,
603-12 Sec. 16 (part).)
603-13 Sec. 503.064. EXAMINING PHYSICIANS. (a) The institution
603-14 shall designate a convenient number of licensed practicing
603-15 physicians to perform physical examinations of individuals employed
603-16 or to be employed by the institution to determine if an individual
603-17 is physically fit to be classified as an employee.
603-18 (b) A physician designated under Subsection (a) who conducts
603-19 an examination shall file with the institution a complete
603-20 transcript of the examination. The transcript must be sworn to on
603-21 a form provided by the institution.
603-22 (c) The institution shall maintain all reports under this
603-23 section as part of the institution's permanent records. (V.A.C.S.
603-24 Art. 8309d, Sec. 13 (part).)
603-25 Sec. 503.065. REPORTS OF INJURIES. (a) In addition to a
603-26 report of an injury filed with the commission under Section
603-27 409.005(a), an institution shall file a supplemental report that
604-1 contains:
604-2 (1) the name, age, sex, and occupation of the injured
604-3 employee;
604-4 (2) the character of work in which the employee was
604-5 engaged at the time of the injury;
604-6 (3) the place, date, and hour of the injury; and
604-7 (4) the nature and cause of the injury.
604-8 (b) The institution shall file the supplemental report on a
604-9 form obtained for that purpose:
604-10 (1) on the termination of incapacity of the injured
604-11 employee; or
604-12 (2) if the incapacity extends beyond 60 days.
604-13 (V.A.C.S. Art. 8309d, Sec. 12 (part).)
604-14 Sec. 503.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
604-15 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
604-16 an employee who claims to have been injured to submit to an
604-17 examination by the commission or a person acting under the
604-18 commission's authority at a reasonable time and place in this
604-19 state.
604-20 (b) On the request of an employee or the institution, the
604-21 employee or the institution is entitled to have a physician
604-22 selected by the employee or the institution, as appropriate,
604-23 present to participate in an examination under Subsection (a) or
604-24 Section 408.004.
604-25 (c) An employee is not entitled to compensation during or
604-26 for a period in which the employee refuses to submit to an
604-27 examination under Subsection (a) or Section 408.004.
605-1 (d) The institution may have an injured employee examined at
605-2 a reasonable time and at a place suitable to the employee's
605-3 condition and convenient and accessible to the employee by a
605-4 physician selected by the institution. The institution shall pay
605-5 for an examination under this subsection and for the employee's
605-6 reasonable expenses incident to the examination. The employee is
605-7 entitled to have a physician selected by the employee present to
605-8 participate in an examination under this subsection.
605-9 (e) The institution shall pay the fee, as set by the
605-10 commission, of a physician selected by the employee under
605-11 Subsection (b) or (d). (V.A.C.S. Art. 8309d, Sec. 10 (part).)
605-12 Sec. 503.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
605-13 The commission may order or direct the institution to reduce or
605-14 suspend the compensation of an injured employee who:
605-15 (1) persists in insanitary or injurious practices that
605-16 tend to imperil or retard the employee's recovery; or
605-17 (2) refuses to submit to medical, surgical, or other
605-18 remedial treatment recognized by the state that is reasonably
605-19 essential to promote the employee's recovery.
605-20 (b) Compensation may not be reduced or suspended under this
605-21 section without reasonable notice to the employee and an
605-22 opportunity to be heard. (V.A.C.S. Art. 8309d, Sec. 10 (part).)
605-23 Sec. 503.068. POSTPONEMENT OF HEARING. If an injured
605-24 employee is receiving benefits under this chapter and the
605-25 institution is providing hospitalization or medical treatment to
605-26 the employee, the commission may postpone the hearing on the
605-27 employee's claim. An appeal may not be taken from a commission
606-1 order under this section. (V.A.C.S. Art. 8309d, Sec. 18 (part).)
606-2 Sec. 503.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
606-3 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
606-4 to a county or district court:
606-5 (1) the clerk of the court shall mail to the
606-6 commission:
606-7 (A) not later than the 20th day after the date
606-8 the case is filed, a notice containing the style, number, and date
606-9 of filing of the case; and
606-10 (B) not later than the 20th day after the date
606-11 the judgment is rendered, a certified copy of the judgment; and
606-12 (2) the attorney preparing the judgment shall file the
606-13 original and a copy of the judgment with the clerk.
606-14 (b) An attorney's failure to comply with Subsection (a)(2)
606-15 does not excuse the failure of a county or district clerk to comply
606-16 with Subsection (a)(1)(B).
606-17 (c) The duties of a county or district clerk under
606-18 Subsection (a)(1) are part of the clerk's ex officio duties, and
606-19 the clerk is not entitled to a fee for the services.
606-20 (d) A county or district clerk who violates this section
606-21 commits an offense. An offense under this section is a misdemeanor
606-22 punishable by a fine not to exceed $250. (V.A.C.S. Art. 8309d,
606-23 Sec. 21.)
606-24 Sec. 503.070. VENUE FOR JUDICIAL REVIEW. (a) A party who
606-25 does not consent to abide by the final decision of the commission
606-26 shall file notice with the commission as required by Section
606-27 410.253 and bring suit in the county in which the injury occurred
607-1 to set aside the final decision of the commission.
607-2 (b) If a suit under this section is filed in a county other
607-3 than the county in which the injury occurred, the court, on
607-4 determining that it does not have jurisdiction to render judgment
607-5 on the merits of the suit, shall transfer the case to a proper
607-6 court in the county in which the injury occurred.
607-7 (c) Notice of the transfer of a suit under Subsection (b)
607-8 shall be given to the parties. A suit transferred under Subsection
607-9 (b) shall be considered for all purposes the same as if originally
607-10 filed in the court to which it is transferred. (V.A.C.S.
607-11 Art. 8309d, Sec. 17.)
607-12 Sec. 503.071. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE. The
607-13 attorney general is the institution's legal representative and may
607-14 bring and defend all suits and hearings necessary to carry out the
607-15 purposes of this chapter. (V.A.C.S. Art. 8309d, Sec. 20.)
607-16 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
607-17 EMPLOYEES OF POLITICAL SUBDIVISIONS
607-18 SUBCHAPTER A. GENERAL PROVISIONS
607-19 Sec. 504.001. DEFINITIONS
607-20 Sec. 504.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
607-21 LAWS; LIMIT ON ACTIONS AND DAMAGES
607-22 Sec. 504.003. ELECTION OF REMEDIES
607-23 (Sections 504.004-504.010 reserved for expansion)
607-24 SUBCHAPTER B. COVERAGE
607-25 Sec. 504.011. METHOD OF PROVIDING COVERAGE
607-26 Sec. 504.012. OPTIONAL COVERAGES
607-27 Sec. 504.013. COVERAGE FOR TRUSTEES AND STAFF OF SELF-INSURANCE
608-1 FUND
608-2 Sec. 504.014. EXCLUSIONS
608-3 Sec. 504.015. MUNICIPAL UTILITIES
608-4 Sec. 504.016. JOINT INSURANCE FUND
608-5 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
608-6 ENTITIES
608-7 Sec. 504.018. NOTICE TO COMMISSION AND EMPLOYEES; EFFECT ON
608-8 COMMON-LAW OR STATUTORY LIABILITY
608-9 (Sections 504.019-504.050 reserved for expansion)
608-10 SUBCHAPTER C. BENEFITS AND OFFSETS
608-11 Sec. 504.051. OFFSET AGAINST PAYMENTS FOR INCAPACITY
608-12 Sec. 504.052. SICK LEAVE BENEFITS
608-13 (Sections 504.053-504.070 reserved for expansion)
608-14 SUBCHAPTER D. ADMINISTRATION
608-15 Sec. 504.071. RULES; FORMS
608-16 Sec. 504.072. APPROPRIATIONS FOR DISBURSEMENTS; ACCOUNT;
608-17 REPORT
608-18 Sec. 504.073. REPRESENTATION IN LEGAL PROCEEDINGS
608-19 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE
608-20 FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
608-21 SUBCHAPTER A. GENERAL PROVISIONS
608-22 Sec. 504.001. DEFINITIONS. In this chapter, unless a
608-23 different meaning is plainly required by the context:
608-24 (1) "Commission" means the Texas Workers' Compensation
608-25 Commission.
608-26 (2) "Employee" means:
608-27 (A) a person in the service of a political
609-1 subdivision who has been employed as provided by law; or
609-2 (B) a person for whom optional coverage is
609-3 provided under Section 504.012 or 504.013.
609-4 (3) "Political subdivision" means a county,
609-5 municipality, special district, school district, junior college
609-6 district, housing authority, community center for mental health and
609-7 mental retardation services established under Subchapter A, Chapter
609-8 534, Health and Safety Code, or any other legally constituted
609-9 political subdivision of the state. (V.A.C.S. Art. 8309h, Sec. 1
609-10 (part).)
609-11 Sec. 504.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
609-12 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
609-13 of Subtitles A and B apply to and are included in this chapter
609-14 except to the extent that they are inconsistent with this chapter:
609-15 (1) Chapter 401, other than Section 401.011(18)
609-16 defining "employer" and Section 401.012 defining "employee";
609-17 (2) Chapter 402;
609-18 (3) Chapter 403, other than Sections 403.001-403.005;
609-19 (4) Chapter 405;
609-20 (5) Subchapters B and D-G, Chapter 406, other than
609-21 Sections 406.033, 406.034, 406.035, 406.091, and 406.096;
609-22 (6) Chapter 408, other than Sections 408.001(b) and
609-23 (c);
609-24 (7) Chapters 409-417; and
609-25 (8) Chapter 451.
609-26 (b) For the purpose of applying the provisions listed by
609-27 Subsection (a) to this chapter, "employer" means "political
610-1 subdivision."
610-2 (c) Neither this chapter nor Subtitle A authorizes a cause
610-3 of action or damages against a political subdivision or an employee
610-4 of a political subdivision beyond the actions and damages
610-5 authorized by Chapter 101, Civil Practice and Remedies Code.
610-6 (V.A.C.S. Art. 8309h, Secs. 3(a), (b), (c), (e).)
610-7 Sec. 504.003. ELECTION OF REMEDIES. A person may not bring
610-8 an action for wrongful discharge under both Chapter 451 and Chapter
610-9 832, Acts of the 68th Legislature, Regular Session, 1983 (Article
610-10 6252-16a, Vernon's Texas Civil Statutes). (V.A.C.S. Art. 8309h,
610-11 Sec. 3(d).)
610-12 (Sections 504.004-504.010 reserved for expansion)
610-13 SUBCHAPTER B. COVERAGE
610-14 Sec. 504.011. METHOD OF PROVIDING COVERAGE. A political
610-15 subdivision shall extend workers' compensation benefits to its
610-16 employees by:
610-17 (1) becoming a self-insurer;
610-18 (2) providing insurance under a workers' compensation
610-19 insurance policy; or
610-20 (3) entering into an interlocal agreement with other
610-21 political subdivisions providing for self-insurance. (V.A.C.S.
610-22 Art. 8309h, Sec. 2(a).)
610-23 Sec. 504.012. OPTIONAL COVERAGES. (a) A political
610-24 subdivision may cover volunteer fire fighters, police officers,
610-25 emergency medical personnel, and other volunteers that are
610-26 specifically named. A person covered under this subsection is
610-27 entitled to full medical benefits and the minimum compensation
611-1 payments under the law.
611-2 (b) By majority vote of the members of the governing body of
611-3 a political subdivision, the political subdivision may cover as
611-4 employees:
611-5 (1) an elected official;
611-6 (2) persons paid for jury service; or
611-7 (3) persons paid for service in the conduct of an
611-8 election.
611-9 (c) A political subdivision may cover a child who is in a
611-10 program established by the political subdivision to assist children
611-11 in rendering personal services to a charitable or educational
611-12 institution under Section 54.041(b), Family Code. (V.A.C.S. Art.
611-13 8309h, Sec. 1 (part).)
611-14 Sec. 504.013. COVERAGE FOR TRUSTEES AND STAFF OF
611-15 SELF-INSURANCE FUND. By majority vote of the board of trustees of
611-16 a self-insurance fund created under this chapter, the fund may
611-17 cover:
611-18 (1) members of the board of trustees;
611-19 (2) staff of the fund, including persons with whom the
611-20 fund has contracted to perform staff functions; or
611-21 (3) any other self-insurance fund created under
611-22 Chapter 791, Government Code. (V.A.C.S. Art. 8309h, Sec. 1
611-23 (part).)
611-24 Sec. 504.014. EXCLUSIONS. A person is not an employee and
611-25 is not entitled to compensation under this chapter if the person
611-26 is:
611-27 (1) in the service of a political subdivision and is
612-1 paid on a piecework basis or on a basis other than by the hour,
612-2 day, week, month, or year;
612-3 (2) a patient or client of a political subdivision
612-4 involved in vocational training; or
612-5 (3) a prisoner incarcerated by a political
612-6 subdivision. (V.A.C.S. Art. 8309h, Sec. 1 (part).)
612-7 Sec. 504.015. MUNICIPAL UTILITIES. (a) This section
612-8 applies to a municipal utility operated by a board of trustees
612-9 established under Article 1115, Revised Statutes, or a similar law.
612-10 (b) The board of trustees of a utility has the authority of
612-11 the governing body of the municipality under this chapter to:
612-12 (1) adopt a self-insurance program or take out a
612-13 policy of workers' compensation insurance; and
612-14 (2) adopt resolutions, give notices, and do all things
612-15 concerning workers' compensation regarding the utility's employees
612-16 that the governing body of the municipality would be authorized to
612-17 do regarding other municipal employees or groups of employees.
612-18 (c) Funds set aside or spent for the purpose of workers'
612-19 compensation insurance are considered operating expenses of the
612-20 utility. Funds set aside or paid by the board of trustees for
612-21 self-insurance or for premiums on insurance policies shall be paid
612-22 out of utility revenues. A provision for self-insurance or an
612-23 obligation incurred under an insurance policy is not a general
612-24 liability of the municipality but is payable only out of utility
612-25 revenues. (V.A.C.S. Art. 8309h, Sec. 2(d).)
612-26 Sec. 504.016. JOINT INSURANCE FUND. (a) Two or more
612-27 political subdivisions may establish a joint insurance fund as
613-1 provided by this section.
613-2 (b) A political subdivision may pay into the fund its
613-3 proportionate part as due and may contract for the fund, by and
613-4 through its directors, to make the payments due under this chapter
613-5 to employees of the political subdivision.
613-6 (c) The fund may be operated under the rules and bylaws
613-7 established by the participating political subdivisions.
613-8 (d) A joint insurance fund created under this section may
613-9 provide to the Texas Department of Insurance loss data in the same
613-10 manner as an insurance company writing workers' compensation
613-11 insurance. The State Board of Insurance shall use the loss data as
613-12 provided by Subchapter D, Chapter 5, Insurance Code.
613-13 (e) Except as provided by Subsection (d), a joint insurance
613-14 fund created under this section is not considered insurance for
613-15 purposes of any state statute and is not subject to State Board of
613-16 Insurance rules. (V.A.C.S. Art. 8309h, Sec. 4.)
613-17 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
613-18 ENTITIES. An entity is eligible to participate under Section
613-19 504.016; Chapter 1084, Acts of the 70th Legislature, Regular
613-20 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes); or
613-21 Chapter 791, Government Code, if the entity provides transportation
613-22 subsidized in whole or in part by and provided to clients of:
613-23 (1) the Texas Department on Aging;
613-24 (2) the Texas Commission on Alcohol and Drug Abuse;
613-25 (3) the Texas Commission for the Blind;
613-26 (4) the Texas Cancer Council;
613-27 (5) the Texas Commission for the Deaf and Hearing
614-1 Impaired;
614-2 (6) the Texas Department of Housing and Community
614-3 Affairs;
614-4 (7) the Texas Department of Human Services;
614-5 (8) the Texas Department of Mental Health and Mental
614-6 Retardation;
614-7 (9) the Texas Rehabilitation Commission; or
614-8 (10) the Texas Youth Commission. (V.A.C.S. Art.
614-9 8309h, Sec. 9.)
614-10 Sec. 504.018. NOTICE TO COMMISSION AND EMPLOYEES; EFFECT ON
614-11 COMMON-LAW OR STATUTORY LIABILITY. (a) A political subdivision
614-12 shall notify the commission of the method by which its employees
614-13 will receive benefits, the approximate number of employees covered,
614-14 and the estimated amount of payroll.
614-15 (b) A political subdivision shall notify its employees of
614-16 the method by which the employees will receive benefits and the
614-17 effective date of the coverage. Employees of a political
614-18 subdivision are conclusively considered to have accepted the
614-19 compensation provisions instead of common-law or statutory
614-20 liability or cause of action, if any, for injuries received in the
614-21 course of employment or death resulting from injuries received in
614-22 the course of employment. (V.A.C.S. Art. 8309h, Secs. 2(b), (c).)
614-23 (Sections 504.019-504.050 reserved for expansion)
614-24 SUBCHAPTER C. BENEFITS AND OFFSETS
614-25 Sec. 504.051. OFFSET AGAINST PAYMENTS FOR INCAPACITY. (a)
614-26 Benefits provided under this chapter shall be offset:
614-27 (1) to the extent applicable, by any amount for
615-1 incapacity received as provided by:
615-2 (A) Chapter 143, Local Government Code; or
615-3 (B) any other statute in effect on June 19,
615-4 1975, that provides for the payment for incapacity to work because
615-5 of injury on the job that is also covered by this chapter; and
615-6 (2) by any amount paid under Article III, Section 52e,
615-7 of the Texas Constitution, as added in 1967.
615-8 (b) If benefits are offset, the employer may not withhold
615-9 the offset portion of the employee's wages until the time that
615-10 benefits under this chapter are received.
615-11 (c) If an employee's wages are offset, the employee and
615-12 employer shall contribute to the pension fund on the amount of
615-13 money by which the employee's wages were offset. An employee's
615-14 pension benefit may not be reduced as a result of the employee's
615-15 injuries or any compensation received under this chapter unless the
615-16 reduction results from a pension revision passed by a majority vote
615-17 of the affected members of a pension system. (V.A.C.S. Art. 8309h,
615-18 Secs. 5(a) (part), (b).)
615-19 Sec. 504.052. SICK LEAVE BENEFITS. (a) The governing body
615-20 of a political subdivision, by majority vote, may provide that
615-21 while an employee of the political subdivision is receiving
615-22 benefits under this chapter, the employee may elect to receive
615-23 previously accrued sick leave benefits, whether statutory or
615-24 contractual, in an amount equal to the difference between the
615-25 benefits under this chapter and the weekly compensation that the
615-26 employee was receiving before the injury that resulted in the
615-27 claim.
616-1 (b) Sick leave benefits received under Subsection (a) shall
616-2 be deducted proportionately from the employee's sick leave balance.
616-3 (c) This section does not limit the medical benefits to be
616-4 paid to the employee. A sick leave plan may not require an
616-5 employee to take sick leave benefits before receiving benefits
616-6 under this chapter. (V.A.C.S. Art. 8309h, Sec. 5(c) (part).)
616-7 (Sections 504.053-504.070 reserved for expansion)
616-8 SUBCHAPTER D. ADMINISTRATION
616-9 Sec. 504.071. RULES; FORMS. A political subdivision may:
616-10 (1) adopt and publish rules and prescribe and furnish
616-11 forms necessary to effectively administer this chapter; and
616-12 (2) adopt and enforce necessary rules for the
616-13 prevention of accidents and injuries. (V.A.C.S. Art. 8309h, Sec.
616-14 6.)
616-15 Sec. 504.072. APPROPRIATIONS FOR DISBURSEMENTS; ACCOUNT;
616-16 REPORT. (a) A political subdivision may set aside from available
616-17 appropriations, other than itemized salary appropriations, an
616-18 amount sufficient to pay all costs, administrative expenses,
616-19 benefits, insurance, and attorney's fees authorized by this
616-20 chapter.
616-21 (b) The amount set aside under Subsection (a) shall be set
616-22 up in a separate account in the political subdivision's records
616-23 showing the disbursements authorized by this chapter. A statement
616-24 of the amount set aside for disbursements from the account shall be
616-25 included in an annual report made to the political subdivision's
616-26 governing body and its treasurer. (V.A.C.S. Art. 8309h, Sec. 7.)
616-27 Sec. 504.073. REPRESENTATION IN LEGAL PROCEEDINGS. (a)
617-1 Except as provided by Subsection (b), in a proceeding in connection
617-2 with workers' compensation benefits provided by a political
617-3 subdivision as a self-insurer, the political subdivision may be
617-4 represented by:
617-5 (1) the political subdivision's attorney or that
617-6 attorney's assistants; or
617-7 (2) outside counsel.
617-8 (b) In a proceeding involving workers' compensation for
617-9 employees of a municipal utility operated by a board of trustees
617-10 established under Article 1115, Revised Statutes, or a similar law,
617-11 if the board of trustees is a self-insurer, the municipality shall
617-12 be represented by the regularly employed attorney or outside
617-13 counsel of the board of trustees. (V.A.C.S. Art. 8309h, Sec. 8.)
617-14 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE
617-15 FOR EMPLOYEES OF TEXAS
617-16 DEPARTMENT OF TRANSPORTATION
617-17 SUBCHAPTER A. GENERAL PROVISIONS
617-18 Sec. 505.001. DEFINITIONS
617-19 Sec. 505.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
617-20 LIMIT ON ACTIONS AND DAMAGES
617-21 (Sections 505.003-505.010 reserved for expansion)
617-22 SUBCHAPTER B. COVERAGE
617-23 Sec. 505.011. WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT
617-24 EMPLOYEES
617-25 Sec. 505.012. AUTHORITY TO SELF-INSURE
617-26 Sec. 505.013. INDIVIDUALS EMPLOYED BY SUBCONTRACTORS
617-27 (Sections 505.014-505.050 reserved for expansion)
618-1 SUBCHAPTER C. ADMINISTRATION
618-2 Sec. 505.051. ADMINISTRATION; RULES; FORMS
618-3 Sec. 505.052. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
618-4 COMPENSATION EXPENSES; ACCOUNT; REPORTS
618-5 Sec. 505.053. CERTIFIED COPIES OF COMMISSION DOCUMENTS
618-6 Sec. 505.054. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
618-7 PHYSICIANS
618-8 Sec. 505.055. REPORTS OF INJURIES
618-9 Sec. 505.056. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
618-10 TO SUBMIT TO EXAMINATION
618-11 Sec. 505.057. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
618-12 Sec. 505.058. POSTPONEMENT OF HEARING
618-13 Sec. 505.059. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
618-14 OFFENSE
618-15 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
618-16 EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION
618-17 SUBCHAPTER A. GENERAL PROVISIONS
618-18 Sec. 505.001. DEFINITIONS. (a) In this chapter:
618-19 (1) "Commission" means the Texas Workers' Compensation
618-20 Commission.
618-21 (2) "Department" means the Texas Department of
618-22 Transportation.
618-23 (3) "Employee" means a person in the service of the
618-24 department under an appointment or express contract of hire and
618-25 whose name appears on the department's payroll.
618-26 (4) "Legal beneficiary" has the meaning assigned to
618-27 that term under Section 401.011.
619-1 (b) A reference in this chapter to an employee who has been
619-2 injured includes the employee's legal beneficiary if the injured
619-3 employee is dead. (V.A.C.S. Art. 6674s, Secs. 2(a)(1), (2), (4),
619-4 (5), (b) (part).)
619-5 Sec. 505.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
619-6 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
619-7 of Subtitles A and B apply to and are included in this chapter
619-8 except to the extent that they are inconsistent with this chapter:
619-9 (1) Chapter 401, other than Section 401.012, defining
619-10 "employee";
619-11 (2) Chapter 402;
619-12 (3) Chapter 403, other than Sections 403.001-403.005;
619-13 (4) Chapter 405;
619-14 (5) Subchapters B, D, E, and H, Chapter 406, other
619-15 than Sections 406.071-406.073, and 406.075;
619-16 (6) Chapter 408, other than Sections 408.001(b) and
619-17 (c);
619-18 (7) Chapters 409 and 410;
619-19 (8) Subchapters A and G, Chapter 411, other than
619-20 Sections 411.003 and 411.004;
619-21 (9) Chapters 412-417; and
619-22 (10) Chapter 451.
619-23 (b) For the purpose of applying the provisions listed by
619-24 Subsection (a) to this chapter, "employer" means "department."
619-25 (c) Neither this chapter nor Subtitle A authorizes a cause
619-26 of action or damages against the department or an employee of the
619-27 department beyond the actions and damages authorized by Chapter
620-1 101, Civil Practice and Remedies Code. (V.A.C.S. Art. 6674s, Sec.
620-2 7.)
620-3 (Sections 505.003-505.010 reserved for expansion)
620-4 SUBCHAPTER B. COVERAGE
620-5 Sec. 505.011. WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT
620-6 EMPLOYEES. The department shall pay benefits as provided by this
620-7 chapter to an employee with a compensable injury. (V.A.C.S. Art.
620-8 6674s, Secs. 3 (part), 4.)
620-9 Sec. 505.012. AUTHORITY TO SELF-INSURE. The department may
620-10 self-insure. (V.A.C.S. Art. 6674s, Sec. 3 (part).)
620-11 Sec. 505.013. INDIVIDUALS EMPLOYED BY SUBCONTRACTORS. (a)
620-12 Except as provided by Subsection (b), an individual employed by a
620-13 subcontractor performing work under contract with the department is
620-14 not considered an employee for purposes of this chapter.
620-15 (b) The department shall treat a person leasing a tractor, a
620-16 truck, mowing or cutting machinery, or other equipment to the
620-17 department and using the equipment to perform work under a contract
620-18 with the department:
620-19 (1) as an independent contractor, and the department
620-20 shall require the person, while performing the contract, to provide
620-21 life, health and accident, and disability insurance for the person
620-22 and any individual employed by the person to perform the contract
620-23 in an amount and with coverage approved by the Texas Department of
620-24 Insurance as substantially the same as provided for under workers'
620-25 compensation insurance;
620-26 (2) as an employee of the state for workers'
620-27 compensation purposes, and the department shall require the person
621-1 to provide workers' compensation insurance for each individual
621-2 employed by the person to perform the contract, in which case this
621-3 chapter applies to the person and the individuals employed by the
621-4 person without regard to the number of individuals employed; or
621-5 (3) as an employee of the state for workers'
621-6 compensation purposes, and each individual employed by that person
621-7 to perform the contract as an employee of the state for workers'
621-8 compensation purposes. (V.A.C.S. Art. 6674s, Sec. 12.)
621-9 (Sections 505.014-505.050 reserved for expansion)
621-10 SUBCHAPTER C. ADMINISTRATION
621-11 Sec. 505.051. ADMINISTRATION; RULES; FORMS. (a) The
621-12 department shall administer this chapter.
621-13 (b) Process and procedure under this chapter shall be as
621-14 summary as possible.
621-15 (c) The department may:
621-16 (1) adopt rules and prescribe and furnish forms
621-17 necessary to effectively administer this chapter; and
621-18 (2) adopt and enforce necessary rules for the
621-19 prevention of accidents and injuries. (V.A.C.S. Art. 6674s, Secs.
621-20 3 (part), 10 (part), 14 (part).)
621-21 Sec. 505.052. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
621-22 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) The department may
621-23 set aside from its available appropriations, other than itemized
621-24 appropriations, an amount not exceeding three and one-half percent
621-25 of the department's annual payroll for the payment of
621-26 administrative expenses, charges, benefits, and awards under this
621-27 chapter.
622-1 (b) The amount set aside under Subsection (a) shall be set
622-2 up in a separate account in the department's records. The balance
622-3 of the account at any time may not exceed an amount equal to three
622-4 and one-half percent of the department's annual payroll.
622-5 (c) The account shall show the disbursements authorized by
622-6 this chapter. A statement of the amount set aside for the account
622-7 and the disbursements from the account shall be included in the
622-8 reports made to the governor and the legislature as required by
622-9 law. (V.A.C.S. Art. 6674s, Sec. 18.)
622-10 Sec. 505.053. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
622-11 The commission shall furnish a certified copy of an order, award,
622-12 decision, or paper on file in the commission's office to a person
622-13 entitled to the copy on written request and payment of the fee for
622-14 the copy. The fee shall be the same as that charged for similar
622-15 services by the secretary of state's office.
622-16 (b) The department may obtain certified copies under this
622-17 section without charge.
622-18 (c) A fee or salary may not be paid to a person in the
622-19 commission for making the copies that exceeds the fee charged for
622-20 the copies. (V.A.C.S. Art. 6674s, Sec. 15 (part).)
622-21 Sec. 505.054. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
622-22 PHYSICIANS. (a) An individual may not be certified as an employee
622-23 of the department under this chapter until the individual:
622-24 (1) submits to a physical examination as provided by
622-25 this section; and
622-26 (2) is certified by the examining physician to be
622-27 physically fit to perform the duties and services to which the
623-1 individual is to be assigned.
623-2 (b) Absence of a physical examination under this section
623-3 does not bar recovery.
623-4 (c) The department shall designate a convenient number of
623-5 regularly licensed practicing physicians to make physical
623-6 examinations of individuals employed by or to be employed by the
623-7 department to determine if the individuals are physically fit to be
623-8 classified as department employees.
623-9 (d) A physician designated under Subsection (c) who conducts
623-10 an examination shall file with the department a complete transcript
623-11 of the examination on a form furnished by the department. The
623-12 department shall maintain all reports under this subsection as part
623-13 of the department's permanent records. A report under this
623-14 subsection is admissible in evidence before the commission and in
623-15 an appeal from a final award or ruling of the commission in which
623-16 the individual named in the examination is a claimant for
623-17 compensation under this chapter. A report under this subsection
623-18 that is admitted is prima facie evidence of the facts stated in the
623-19 report. (V.A.C.S. Art. 6674s, Secs. 14 (part), 14a.)
623-20 Sec. 505.055. REPORTS OF INJURIES. (a) A report of an
623-21 injury filed with the commission under Section 409.005, in addition
623-22 to the information required by commission rules, must contain:
623-23 (1) the name, age, sex, and occupation of the injured
623-24 employee;
623-25 (2) the character of work in which the employee was
623-26 engaged at the time of the injury;
623-27 (3) the place, date, and hour of the injury; and
624-1 (4) the nature and cause of the injury.
624-2 (b) In addition to subsequent reports of an injury filed
624-3 with the commission under Section 409.005(e), the department shall
624-4 file a subsequent report on a form obtained for that purpose:
624-5 (1) on the termination of incapacity of the injured
624-6 employee; or
624-7 (2) if the incapacity extends beyond 60 days.
624-8 (V.A.C.S. Art. 6674s, Sec. 13 (part).)
624-9 Sec. 505.056. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
624-10 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
624-11 an employee who claims to have been injured to submit to an
624-12 examination by the commission or a person acting under the
624-13 commission's authority at a reasonable time and place in this
624-14 state.
624-15 (b) An employee is not entitled to compensation during or
624-16 for a period in which the employee refuses to submit to an
624-17 examination under Subsection (a) or Section 408.004.
624-18 (c) The department may have an injured employee examined at
624-19 a reasonable time and at a place suitable to the employee's
624-20 condition and convenient and accessible to the employee by a
624-21 physician selected by the department. The department shall pay for
624-22 an examination under this subsection and for the employee's
624-23 reasonable expenses incident to the examination.
624-24 (d) On the request of an employee or the department, the
624-25 employee or the department is entitled to have a physician selected
624-26 by the employee or the department present to participate in an
624-27 examination under Subsection (a) or Section 408.004. The employee
625-1 is entitled to have a physician selected by the employee present to
625-2 participate in an examination under Subsection (c). The department
625-3 shall pay the fee set by the commission of a physician selected by
625-4 the employee under this subsection. (V.A.C.S. Art. 6674s, Sec. 10
625-5 (part).)
625-6 Sec. 505.057. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
625-7 The commission may order or direct the department to reduce or
625-8 suspend the compensation of an injured employee if the employee:
625-9 (1) persists in insanitary or injurious practices that
625-10 tend to imperil or retard the employee's recovery; or
625-11 (2) refuses to submit to medical, surgical, or other
625-12 remedial treatment recognized by the state that is reasonably
625-13 essential to promote the employee's recovery.
625-14 (b) Compensation may not be reduced or suspended under this
625-15 section without reasonable notice to the employee and an
625-16 opportunity to be heard. (V.A.C.S. Art. 6674s, Sec. 10 (part).)
625-17 Sec. 505.058. POSTPONEMENT OF HEARING. If an injured
625-18 employee is receiving benefits under this chapter and the
625-19 department is providing hospitalization or medical treatment to the
625-20 employee, the commission may postpone the hearing of the employee's
625-21 claim. An appeal may not be taken from a commission order under
625-22 this section. (V.A.C.S. Art. 6674s, Sec. 17 (part).)
625-23 Sec. 505.059. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
625-24 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
625-25 to a county or district court:
625-26 (1) the clerk of the court shall mail to the
625-27 commission:
626-1 (A) not later than the 20th day after the date
626-2 the case is filed, a notice containing the style, number, and date
626-3 of filing of the case; and
626-4 (B) not later than the 20th day after the date
626-5 the judgment is rendered, a certified copy of the judgment; and
626-6 (2) the attorney preparing the judgment shall file the
626-7 original and a copy of the judgment with the clerk.
626-8 (b) An attorney's failure to comply with Subsection (a)(2)
626-9 does not excuse the failure of a county or district clerk to comply
626-10 with Subsection (a)(1)(B).
626-11 (c) The duties of a county or district clerk under
626-12 Subsection (a)(1) are part of the clerk's ex officio duties, and
626-13 the clerk is not entitled to a fee for the services.
626-14 (d) A county or district clerk who violates this section
626-15 commits an offense. An offense under this section is a misdemeanor
626-16 punishable by a fine not to exceed $250. (V.A.C.S. Art. 6674s,
626-17 Sec. 19.)
626-18 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
626-19 Sec. 506.001. LATE PAYMENT OF JUDGMENT BY THE STATE
626-20 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
626-21 Sec. 506.001. LATE PAYMENT OF JUDGMENT BY THE STATE. (a)
626-22 In a workers' compensation case in which a claimant is awarded a
626-23 judgment against the state or a political subdivision of the state
626-24 under Chapter 501, 502, 503, 504, or 505, the state or political
626-25 subdivision shall comply with the judgment not later than the 30th
626-26 day after the judgment is entered.
626-27 (b) If the state or a political subdivision of the state
627-1 fails or refuses to comply with a judgment as provided under
627-2 Subsection (a) and the claimant secures a mandamus order against
627-3 the state or political subdivision to force compliance with the
627-4 judgment, the claimant is also entitled to an award of:
627-5 (1) a penalty of 12 percent of the amount of
627-6 compensation recovered in the judgment; and
627-7 (2) reasonable attorney's fees for prosecution of the
627-8 mandamus action. (V.A.C.S. Art. 8309i.)
627-9 SECTION 2. CONFORMING AMENDMENT. Subtitle E, Title 4,
627-10 Government Code, is amended to conform to the Commission on Human
627-11 Rights Act (Article 5221k, Vernon's Texas Civil Statutes), by
627-12 adding Chapter 461 to read as follows:
627-13 CHAPTER 461. COMMISSION ON HUMAN RIGHTS
627-14 SUBCHAPTER A. GENERAL PROVISIONS; SUNSET
627-15 Sec. 461.001. DEFINITIONS
627-16 Sec. 461.002. APPLICATION OF SUNSET ACT
627-17 (Sections 461.003-461.050 reserved for expansion
627-18 SUBCHAPTER B. ORGANIZATION AND ADMINISTRATION
627-19 Sec. 461.051. MEMBERSHIP
627-20 Sec. 461.052. ELIGIBILITY
627-21 Sec. 461.053. TERM OF OFFICE
627-22 Sec. 461.054. REMOVAL OF MEMBER
627-23 Sec. 461.055. REIMBURSEMENT OF EXPENSES
627-24 Sec. 461.056. CHAIRMAN
627-25 Sec. 461.057. GENERAL ADMINISTRATIVE POWERS
627-26 Sec. 461.058. PERSONNEL MATTERS
627-27 Sec. 461.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY
628-1 STATEMENT
628-2 Sec. 461.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS
628-3 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
628-4 PROGRAMS
628-5 Sec. 461.062. ANNUAL REPORT
628-6 (Sections 461.063-461.100 reserved for expansion
628-7 SUBCHAPTER C. OFFENSE; PENALTY
628-8 Sec. 461.101. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY
628-9 CHAPTER 461. COMMISSION ON HUMAN RIGHTS
628-10 SUBCHAPTER A. GENERAL PROVISIONS; SUNSET
628-11 Sec. 461.001. DEFINITIONS. In this chapter:
628-12 (1) "Commission" means the Commission on Human Rights.
628-13 (2) "Commissioner" means a member of the commission.
628-14 (V.A.C.S. Art. 5221k, Secs. 2.01(2), (3).)
628-15 Sec. 461.002. APPLICATION OF SUNSET ACT. The Commission on
628-16 Human Rights is subject to Chapter 325 (Texas Sunset Act). Unless
628-17 continued in existence as provided by that chapter, the commission
628-18 is abolished September 1, 1999. (V.A.C.S. Art. 5221k, Sec. 3.03.)
628-19 (Sections 461.003-461.050 reserved for expansion
628-20 SUBCHAPTER B. ORGANIZATION AND ADMINISTRATION
628-21 Sec. 461.051. MEMBERSHIP. (a) The commission consists of
628-22 six members. One member of the commission shall be a
628-23 representative of industry, one member shall be a representative of
628-24 labor, and four members shall be representatives of the public.
628-25 (b) The governor shall appoint the commissioners with the
628-26 advice and consent of the senate. In making the appointments, the
628-27 governor shall strive to achieve representation on the commission
629-1 that is diverse with respect to disability, religion, age, economic
629-2 status, sex, race, and ethnicity. (V.A.C.S. Art. 5221k, Sec.
629-3 3.01(a) (part).)
629-4 Sec. 461.052. ELIGIBILITY. (a) A person is not eligible
629-5 for appointment as a public member of the commission if the person
629-6 or the person's spouse:
629-7 (1) is employed by or participates in the management
629-8 of a business entity or other organization receiving funds from the
629-9 commission;
629-10 (2) owns or controls, directly or indirectly, more
629-11 than a 10 percent interest in a business entity or other
629-12 organization receiving funds from the commission; or
629-13 (3) uses or receives a substantial amount of tangible
629-14 goods, services, or funds from the commission, other than
629-15 compensation or reimbursement authorized by law for commission
629-16 membership, attendance, or expenses.
629-17 (b) A person may not serve as a member of the commission or
629-18 act as general counsel to the commission if the person is required
629-19 to register as a lobbyist under Chapter 305 because of the person's
629-20 activities for compensation on behalf of a profession related to
629-21 the operation of the commission. (V.A.C.S. Art. 5221k, Secs.
629-22 3.01(e), (f).)
629-23 Sec. 461.053. TERM OF OFFICE. The term of office of each
629-24 commissioner is six years. (V.A.C.S. Art. 5221k, Sec. 3.01(b)
629-25 (part).)
629-26 Sec. 461.054. REMOVAL OF MEMBER. (a) It is a ground for
629-27 removal from the commission if a member:
630-1 (1) does not have at the time of appointment the
630-2 qualifications required by Section 461.051 or 461.052(a);
630-3 (2) does not maintain during service on the commission
630-4 the qualifications required by Section 461.051 or 461.052(a);
630-5 (3) violates a prohibition established by Section
630-6 461.052(b);
630-7 (4) cannot discharge the member's duties for a
630-8 substantial part of the term for which the member is appointed
630-9 because of illness or disability; or
630-10 (5) is absent for more than half of the regularly
630-11 scheduled commission meetings that the member is eligible to attend
630-12 during a calendar year unless the absence is excused by majority
630-13 vote of the commission.
630-14 (b) The validity of an act of the commission is not affected
630-15 by the fact that it is taken when a ground for removal of a
630-16 commission member exists.
630-17 (c) If the executive director of the commission has
630-18 knowledge that a potential ground for removal exists, the executive
630-19 director shall notify the presiding officer of the commission of
630-20 the ground. The presiding officer shall then notify the governor
630-21 that a potential ground for removal exists. (V.A.C.S. Art. 5221k,
630-22 Sec. 3.011.)
630-23 Sec. 461.055. REIMBURSEMENT OF EXPENSES. A commissioner is
630-24 entitled to reimbursement of actual and necessary expenses incurred
630-25 in the performance of official duties. (V.A.C.S. Art. 5221k, Sec.
630-26 3.01(d).)
630-27 Sec. 461.056. CHAIRMAN. The governor shall designate one of
631-1 the commissioners to serve as the chairman of the commission.
631-2 (V.A.C.S. Art. 5221k, Sec. 3.01(a) (part).)
631-3 Sec. 461.057. GENERAL ADMINISTRATIVE POWERS. The commission
631-4 may:
631-5 (1) maintain an office in the city of Austin;
631-6 (2) meet and exercise its powers at any place in the
631-7 state;
631-8 (3) by rule establish panels of not less than a quorum
631-9 to exercise its powers;
631-10 (4) employ an executive director and authorize the
631-11 employment of other staff members, representatives, or agents;
631-12 (5) set the compensation of the executive director and
631-13 other staff members, representatives, and agents; and
631-14 (6) accept public grants or private gifts, bequests,
631-15 or other payments. (V.A.C.S. Art. 5221k, Secs. 3.01(c) (part),
631-16 3.02(a)(1), (2), (3), (5).)
631-17 Sec. 461.058. PERSONNEL MATTERS. (a) The executive
631-18 director or the person designated by the executive director shall
631-19 develop an intraagency career ladder program. The program shall
631-20 require intraagency posting of all nonentry level positions
631-21 concurrently with any public posting.
631-22 (b) The executive director or the person designated by the
631-23 executive director shall develop a system of annual performance
631-24 evaluations. All merit pay for commission employees must be based
631-25 on the system established under this subsection.
631-26 (c) The commission shall provide to its members and
631-27 employees, as often as necessary, information regarding their
632-1 qualifications for office or employment under this chapter and
632-2 their responsibilities under applicable laws relating to standards
632-3 of conduct for state officers or employees.
632-4 (d) The commission shall develop and implement policies that
632-5 clearly define the responsibilities of the commission and the staff
632-6 of the commission. (V.A.C.S. Art. 5221k, Secs. 3.04(a), (b), (c),
632-7 (g).)
632-8 Sec. 461.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
632-9 (a) The executive director or the person designated by the
632-10 executive director shall prepare and maintain a written policy
632-11 statement to assure implementation of a program of equal employment
632-12 opportunity under which all personnel transactions are made without
632-13 regard to race, color, disability, sex, religion, age, or national
632-14 origin.
632-15 (b) The policy statement required under this section must
632-16 include:
632-17 (1) personnel policies, including policies related to
632-18 recruitment, evaluation, selection, appointment, training, and
632-19 promotion of personnel;
632-20 (2) a comprehensive analysis of the commission work
632-21 force that meets federal and state guidelines;
632-22 (3) procedures by which a determination can be made of
632-23 significant underutilization in the commission work force of all
632-24 persons for whom federal or state guidelines encourage a more
632-25 equitable balance; and
632-26 (4) reasonable methods to appropriately address those
632-27 areas of significant underutilization.
633-1 (c) A policy statement under this section must cover an
633-2 annual period, be updated not less than annually, and be filed with
633-3 the governor's office.
633-4 (d) The governor's office shall make a biennial report to
633-5 the legislature from the information received under this section.
633-6 The report may be made separately or as a part of other biennial
633-7 reports made to the legislature. (V.A.C.S. Art. 5221k,
633-8 Secs. 3.04(d), (e), (f).)
633-9 Sec. 461.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
633-10 (a) The commission shall prepare information of public interest
633-11 describing the functions of the commission and the commission's
633-12 procedures by which complaints are filed with and resolved by the
633-13 commission. The commission shall make the information available to
633-14 the public and appropriate state agencies.
633-15 (b) If a written complaint is filed with the commission that
633-16 the commission has authority to resolve, the commission, at least
633-17 quarterly and until final disposition of the complaint, shall
633-18 notify the parties to the complaint of the status of the complaint
633-19 unless the notice would jeopardize an undercover investigation by
633-20 another agency of the state, federal, or local government.
633-21 (c) The commission shall develop and implement policies that
633-22 provide the public with a reasonable opportunity to appear before
633-23 the commission. (V.A.C.S. Art. 5221k, Sec. 3.05.)
633-24 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
633-25 PROGRAMS. The commission shall prepare and maintain a written plan
633-26 that describes how a person with a disability or a person who does
633-27 not speak English can be provided reasonable access to the
634-1 commission's programs. (V.A.C.S. Art. 5221k, Sec. 3.02(c).)
634-2 Sec. 461.062. ANNUAL REPORT. (a) The commission shall file
634-3 annually with the governor and the presiding officer of each house
634-4 of the legislature a complete and detailed written report
634-5 accounting for all funds received and disbursed by the commission
634-6 during the preceding fiscal year.
634-7 (b) The report must be in the form and reported in the time
634-8 provided by the General Appropriations Act. (V.A.C.S. Art. 5221k,
634-9 Sec. 3.02(b).)
634-10 (Sections 461.063-461.100 reserved for expansion
634-11 SUBCHAPTER C. OFFENSE; PENALTY
634-12 Sec. 461.101. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY.
634-13 (a) A person commits an offense if the person wilfully resists,
634-14 prevents, impedes, or interferes with the performance of a duty
634-15 under or the exercise of a power provided by this chapter.
634-16 (b) An offense under this section is a Class B misdemeanor.
634-17 (V.A.C.S. Art. 5221k, Sec. 9.02.)
634-18 SECTION 3. CONFORMING AMENDMENT. Subtitle G, Title 2,
634-19 Health and Safety Code, is amended to conform to Chapter 788, Acts
634-20 of the 62nd Legislature, Regular Session, 1971 (Article 5221e-1,
634-21 Vernon's Texas Civil Statutes), by adding Chapter 146 to read as
634-22 follows:
634-23 CHAPTER 146. MIGRANT LABOR HOUSING FACILITIES
634-24 Sec. 146.001. DEFINITIONS
634-25 Sec. 146.002. LICENSE REQUIRED
634-26 Sec. 146.003. LICENSE APPLICATION; APPLICATION INSPECTION
634-27 Sec. 146.004. INSPECTION
635-1 Sec. 146.005. FAILURE TO MEET STANDARDS; REINSPECTION
635-2 Sec. 146.006. LICENSE ISSUANCE; TERM; NOT TRANSFERABLE
635-3 Sec. 146.007. LICENSE POSTING
635-4 Sec. 146.008. INSPECTION OF FACILITIES
635-5 Sec. 146.009. FEE
635-6 Sec. 146.010. SUSPENSION OR REVOCATION OF LICENSE
635-7 Sec. 146.011. ENFORCEMENT; ADOPTION OF RULES
635-8 Sec. 146.012. INJUNCTIVE RELIEF
635-9 Sec. 146.013. CIVIL PENALTY
635-10 CHAPTER 146. MIGRANT LABOR HOUSING FACILITIES
635-11 Sec. 146.001. DEFINITIONS. In this chapter:
635-12 (1) "Facility" means a structure, trailer, or vehicle,
635-13 or two or more contiguous or grouped structures, trailers, or
635-14 vehicles, together with the land appurtenant.
635-15 (2) "Migrant agricultural worker" means an individual
635-16 who:
635-17 (A) is working or available for work seasonally
635-18 or temporarily in primarily an agricultural or agriculturally
635-19 related industry; and
635-20 (B) moves one or more times from one place to
635-21 another to perform seasonal or temporary employment or to be
635-22 available for seasonal or temporary employment.
635-23 (3) "Migrant labor housing facility" means a facility
635-24 that is established, operated, or used for more than three days as
635-25 living quarters for two or more seasonal, temporary, or migrant
635-26 families or three or more seasonal, temporary, or migrant workers,
635-27 whether rent is paid or reserved in connection with the use of the
636-1 facility.
636-2 (4) "Person" means an individual, association,
636-3 partnership, corporation, or political subdivision. (V.A.C.S. Art.
636-4 5221e-1, Sec. 1 (part).)
636-5 Sec. 146.002. LICENSE REQUIRED. A person may not establish,
636-6 maintain, or operate a migrant labor housing facility without
636-7 obtaining a license from the department. (V.A.C.S. Art. 5221e-1,
636-8 Sec. 2 (part).)
636-9 Sec. 146.003. LICENSE APPLICATION; APPLICATION INSPECTION.
636-10 (a) To receive a migrant labor housing facility license, a person
636-11 must apply to the department according to rules adopted by the
636-12 board and on a form prescribed by the board.
636-13 (b) The application must be made not later than the 45th day
636-14 before the intended date of operation of the facility.
636-15 (c) The application must state:
636-16 (1) the location and ownership of the migrant labor
636-17 housing facility;
636-18 (2) the approximate number of persons to be
636-19 accommodated;
636-20 (3) the probable periods of use of the facility; and
636-21 (4) any other information required by the board.
636-22 (d) The application must be accompanied by the license fee.
636-23 (V.A.C.S. Art. 5221e-1, Sec. 3 (part).)
636-24 Sec. 146.004. INSPECTION. The department shall inspect the
636-25 migrant labor housing facility not later than the 30th day after
636-26 the date of receipt of a complete application and the fee.
636-27 (V.A.C.S. Art. 5221e-1, Sec. 4(a).)
637-1 Sec. 146.005. FAILURE TO MEET STANDARDS; REINSPECTION. (a)
637-2 If a migrant labor housing facility for which a license application
637-3 is made does not meet the reasonable minimum standards of
637-4 construction, sanitation, equipment, and operation required by
637-5 rules adopted under this chapter, the department at the time of
637-6 inspection shall give the license applicant the reasons that the
637-7 facility does not meet those standards. The applicant may request
637-8 the department to reinspect the facility not later than the 60th
637-9 day after the date on which the reasons are given.
637-10 (b) If a facility does not meet the standards on
637-11 reinspection, the applicant must submit a new license application
637-12 as provided by Section 146.003. (V.A.C.S. Art. 5221e-1,
637-13 Sec. 4(c).)
637-14 Sec. 146.006. LICENSE ISSUANCE; TERM; NOT TRANSFERABLE. (a)
637-15 The department shall issue a license to establish, maintain, and
637-16 operate a migrant labor housing facility if the facility meets the
637-17 standards of construction, sanitation, equipment, and operation
637-18 required by rules adopted under this chapter.
637-19 (b) The license expires on the first anniversary of the date
637-20 of issuance.
637-21 (c) The license issued under this chapter is not
637-22 transferable. (V.A.C.S. Art. 5221e-1, Sec. 4(b).)
637-23 Sec. 146.007. LICENSE POSTING. A person who holds a license
637-24 issued under this chapter shall post the license in the migrant
637-25 labor housing facility at all times during the maintenance or
637-26 operation of the facility. (V.A.C.S. Art. 5221e-1, Sec. 2 (part).)
637-27 Sec. 146.008. INSPECTION OF FACILITIES. An authorized
638-1 representative of the department, after giving or making a
638-2 reasonable attempt to give notice to the operator of a migrant
638-3 labor housing facility, may enter and inspect the facility during
638-4 reasonable hours and investigate conditions, practices, or other
638-5 matters as necessary or appropriate to determine whether a person
638-6 has violated this chapter or a rule adopted under this chapter.
638-7 (V.A.C.S. Art. 5221e-1, Sec. 8.)
638-8 Sec. 146.009. FEE. The board shall set the license fee in
638-9 an amount not to exceed $100. (V.A.C.S. Art. 5221e-1, Secs. 3
638-10 (part), 6 (part).)
638-11 Sec. 146.010. SUSPENSION OR REVOCATION OF LICENSE. (a) The
638-12 department may suspend or revoke a license for a violation of this
638-13 chapter or a rule adopted under this chapter.
638-14 (b) The Administrative Procedure and Texas Register Act
638-15 (Article 6252-13a, Vernon's Texas Civil Statutes) and department
638-16 rules for a contested case hearing govern the procedures for the
638-17 suspension or revocation of a license issued under this chapter.
638-18 (c) A hearing conducted under this section must be held in
638-19 the county in which the affected migrant labor housing facility is
638-20 located. (V.A.C.S. Art. 5221e-1, Sec. 5.)
638-21 Sec. 146.011. ENFORCEMENT; ADOPTION OF RULES. (a) The
638-22 department shall enforce this chapter.
638-23 (b) The board shall adopt rules to protect the health and
638-24 safety of persons living in migrant labor housing facilities.
638-25 (c) The board by rule shall adopt standards for living
638-26 quarters at a migrant labor housing facility, including standards
638-27 relating to:
639-1 (1) construction of the facility;
639-2 (2) sanitary conditions;
639-3 (3) water supply;
639-4 (4) toilets;
639-5 (5) sewage disposal;
639-6 (6) storage, collection, and disposal of refuse;
639-7 (7) light and air;
639-8 (8) safety requirements;
639-9 (9) fire protection;
639-10 (10) equipment;
639-11 (11) maintenance and operation of the facility; and
639-12 (12) any other matter appropriate or necessary for the
639-13 protection of the health and safety of the occupants.
639-14 (d) An employee or occupant of a migrant labor housing
639-15 facility who uses the sanitary or other facilities furnished for
639-16 the convenience of employees or occupants shall comply with the
639-17 rules adopted under Subsection (b) or (c).
639-18 (e) The board by rule shall adopt minimum standards for
639-19 issuing, revoking, or suspending a license issued under this
639-20 chapter. (V.A.C.S. Art. 5221e-1, Secs. 6 (part), 7, and 10.)
639-21 Sec. 146.012. INJUNCTIVE RELIEF. (a) A district court for
639-22 good cause shown in a hearing and on application by the department
639-23 may grant a temporary or permanent injunction to prohibit a person
639-24 from violating this chapter or a rule adopted under this chapter.
639-25 (b) A person subject to a temporary or permanent injunction
639-26 under Subsection (a) may appeal to the supreme court as in other
639-27 cases. (V.A.C.S. Art. 5221e-1, Sec. 9(b).)
640-1 Sec. 146.013. CIVIL PENALTY. (a) A person who violates
640-2 this chapter or a rule adopted under this chapter is subject to a
640-3 civil penalty of $200 for each day that the violation occurs.
640-4 (b) The county attorney for the county in which the
640-5 violation occurred, or the attorney general, at the request of the
640-6 department, shall bring an action in the name of the state to
640-7 collect the penalty. (V.A.C.S. Art. 5221e-1, Sec. 9(a).)
640-8 SECTION 4. CONFORMING AMENDMENT. Subtitle C, Title 5, Local
640-9 Government Code, is amended to conform to The Fire and Police
640-10 Employee Relations Act (Article 5154c-1, Vernon's Texas Civil
640-11 Statutes) by adding Chapter 174 to read as follows:
640-12 CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
640-13 SUBCHAPTER A. GENERAL PROVISIONS
640-14 Sec. 174.001. SHORT TITLE
640-15 Sec. 174.002. POLICY
640-16 Sec. 174.003. DEFINITIONS
640-17 Sec. 174.004. LIBERAL CONSTRUCTION
640-18 Sec. 174.005. PREEMPTION OF OTHER LAW
640-19 Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS
640-20 Sec. 174.007. EFFECT ON EXISTING BENEFITS
640-21 (Sections 174.008-174.020 reserved for expansion
640-22 SUBCHAPTER B. CONDITIONS OF EMPLOYMENT
640-23 AND RIGHT TO ORGANIZE
640-24 Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS
640-25 REQUIRED
640-26 Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO
640-27 BE IN COMPLIANCE
641-1 Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY
641-2 (Sections 174.024-174.050 reserved for expansion
641-3 SUBCHAPTER C. ADOPTION AND REPEAL OF
641-4 COLLECTIVE BARGAINING PROVISIONS
641-5 Sec. 174.051. ADOPTION ELECTION
641-6 Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION
641-7 Sec. 174.053. REPEAL ELECTION
641-8 Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION
641-9 Sec. 174.055. FREQUENCY OF ELECTIONS
641-10 (Sections 174.056-174.100 reserved for expansion
641-11 SUBCHAPTER D. COLLECTIVE BARGAINING
641-12 Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR
641-13 FIRE FIGHTERS
641-14 Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR
641-15 POLICE OFFICERS
641-16 Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS
641-17 AND POLICE OFFICERS
641-18 Sec. 174.104. QUESTION REGARDING REPRESENTATION
641-19 Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY
641-20 IN GOOD FAITH
641-21 Sec. 174.106. DESIGNATION OF NEGOTIATOR
641-22 Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING
641-23 CERTAIN ISSUES
641-24 Sec. 174.108. OPEN DELIBERATIONS
641-25 Sec. 174.109. EFFECT OF AGREEMENT
641-26 (Sections 174.110-174.150 reserved for expansion
641-27 SUBCHAPTER E. MEDIATION; ARBITRATION
642-1 Sec. 174.151. MEDIATION
642-2 Sec. 174.152. IMPASSE
642-3 Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT
642-4 TO ARBITRATE
642-5 Sec. 174.154. ARBITRATION BOARD
642-6 Sec. 174.155. ARBITRATION HEARING
642-7 Sec. 174.156. SCOPE OF ARBITRATION
642-8 Sec. 174.157. EVIDENCE; OATH; SUBPOENA
642-9 Sec. 174.158. ARBITRATION AWARD
642-10 Sec. 174.159. EFFECT OF AWARD
642-11 Sec. 174.160. AMENDMENT OF AWARD
642-12 Sec. 174.161. BEGINNING OF NEW FISCAL YEAR
642-13 Sec. 174.162. EXTENSION OF PERIOD
642-14 Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED
642-15 Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES
642-16 OF ARBITRATION
642-17 (Sections 174.165-174.200 reserved for expansion
642-18 SUBCHAPTER F. STRIKES; LOCKOUTS
642-19 Sec. 174.201. DEFINITION
642-20 Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED
642-21 Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY
642-22 Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION
642-23 Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL
642-24 (Sections 174.206-174.250 reserved for expansion
642-25 SUBCHAPTER G. JUDICIAL ENFORCEMENT AND REVIEW
642-26 Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY
642-27 Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER
643-1 DECLINES ARBITRATION
643-2 Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD
643-3 CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
643-4 SUBCHAPTER A. GENERAL PROVISIONS
643-5 Sec. 174.001. SHORT TITLE. This chapter may be cited as The
643-6 Fire and Police Employee Relations Act. (V.A.C.S. Art. 5154c-1,
643-7 Sec. 1.)
643-8 Sec. 174.002. POLICY. (a) The policy of this state is that
643-9 a political subdivision shall provide its fire fighters and police
643-10 officers with compensation and other conditions of employment that
643-11 are substantially the same as compensation and conditions of
643-12 employment prevailing in comparable private sector employment.
643-13 (b) The policy of this state is that fire fighters and
643-14 police officers, like employees in the private sector, should have
643-15 the right to organize for collective bargaining, as collective
643-16 bargaining is a fair and practical method for determining
643-17 compensation and other conditions of employment. Denying fire
643-18 fighters and police officers the right to organize and bargain
643-19 collectively would lead to strife and unrest, consequently injuring
643-20 the health, safety, and welfare of the public.
643-21 (c) The health, safety, and welfare of the public demands
643-22 that strikes, lockouts, and work stoppages and slowdowns of fire
643-23 fighters and police officers be prohibited, and therefore it is the
643-24 state's duty to make available reasonable alternatives to strikes
643-25 by fire fighters and police officers.
643-26 (d) Because of the essential and emergency nature of the
643-27 public service performed by fire fighters and police officers, a
644-1 reasonable alternative to strikes is a system of arbitration
644-2 conducted under adequate legislative standards. Another reasonable
644-3 alternative, if the parties fail to agree to arbitrate, is judicial
644-4 enforcement of the requirements of this chapter regarding
644-5 compensation and conditions of employment applicable to fire
644-6 fighters and police officers.
644-7 (e) With the right to strike prohibited, to maintain the
644-8 high morale of fire fighters and police officers and the efficient
644-9 operation of the departments in which they serve, alternative
644-10 procedures must be expeditious, effective, and binding. (V.A.C.S.
644-11 Art. 5154c-1, Secs. 2(a), (b)(1), (2), (3) (part).)
644-12 Sec. 174.003. DEFINITIONS. In this chapter:
644-13 (1) "Association" means any type of organization,
644-14 including an agency or employee representation committee or plan,
644-15 in which fire fighters, police officers, or both, participate and
644-16 that exists, in whole or in part, to deal with one or more public
644-17 or private employers concerning grievances, labor disputes, or
644-18 conditions of employment affecting fire fighters, police officers,
644-19 or both.
644-20 (2) "Fire fighter" means a permanent, paid employee of
644-21 the fire department of a political subdivision. The term does not
644-22 include:
644-23 (A) the chief of the department; or
644-24 (B) a volunteer fire fighter.
644-25 (3) "Police officer" means a paid employee who is
644-26 sworn, certified, and full-time, and who regularly serves in a
644-27 professional law enforcement capacity in the police department of a
645-1 political subdivision. The term does not include the chief of the
645-2 department.
645-3 (4) "Political subdivision" includes a municipality.
645-4 (5) "Public employer" means the official or group of
645-5 officials of a political subdivision whose duty is to establish the
645-6 compensation, hours, and other conditions of employment of fire
645-7 fighters, police officers, or both, and may include the mayor, city
645-8 manager, town manager, town administrator, city council, director
645-9 of personnel, personnel board, commissioners, or another official
645-10 or combination of those persons. (New; V.A.C.S. Art. 5154c-1,
645-11 Secs. 3(1), (2), (3), (4).)
645-12 Sec. 174.004. LIBERAL CONSTRUCTION. This chapter shall be
645-13 liberally construed. (V.A.C.S. Art. 5154c-1, Sec. 2(b)(3) (part).)
645-14 Sec. 174.005. PREEMPTION OF OTHER LAW. This chapter
645-15 preempts all contrary local ordinances, executive orders,
645-16 legislation, or rules adopted by the state or by a political
645-17 subdivision or agent of the state, including a personnel board,
645-18 civil service commission, or home-rule municipality. (V.A.C.S.
645-19 Art. 5154c-1, Sec. 20(a) (part).)
645-20 Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS. (a) A
645-21 state or local civil service provision prevails over a collective
645-22 bargaining contract under this chapter unless the collective
645-23 bargaining contract specifically provides otherwise.
645-24 (b) A civil service provision may not be repealed or
645-25 modified by arbitration or judicial action but may be interpreted
645-26 or enforced by an arbitrator or court.
645-27 (c) This chapter does not limit the authority of a municipal
646-1 fire chief or police chief under Chapter 143 except as modified by
646-2 the parties through collective bargaining. (V.A.C.S. Art. 5154c-1,
646-3 Secs. 20(b), (d).)
646-4 Sec. 174.007. EFFECT ON EXISTING BENEFITS. This chapter may
646-5 not be construed as repealing any existing benefit provided by
646-6 statute or ordinance concerning fire fighters' or police officers'
646-7 compensation, pensions, retirement plans, hours of work, conditions
646-8 of employment, or other emoluments. This chapter is in addition to
646-9 the benefits provided by existing statutes and ordinances.
646-10 (V.A.C.S. Art. 5154c-1, Sec. 20(c).)
646-11 (Sections 174.008-174.020 reserved for expansion
646-12 SUBCHAPTER B. CONDITIONS OF EMPLOYMENT
646-13 AND RIGHT TO ORGANIZE
646-14 Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS
646-15 REQUIRED. A political subdivision that employs fire fighters,
646-16 police officers, or both, shall provide those employees with
646-17 compensation and other conditions of employment that are:
646-18 (1) substantially equal to compensation and other
646-19 conditions of employment that prevail in comparable employment in
646-20 the private sector; and
646-21 (2) based on prevailing private sector compensation
646-22 and conditions of employment in the labor market area in other jobs
646-23 that require the same or similar skills, ability, and training and
646-24 may be performed under the same or similar conditions. (V.A.C.S.
646-25 Art. 5154c-1, Sec. 4.)
646-26 Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN
646-27 COMPLIANCE. (a) A public employer that has reached an agreement
647-1 with an association on compensation or other conditions of
647-2 employment as provided by this chapter is considered to be in
647-3 compliance with the requirements of Section 174.021 as to the
647-4 conditions of employment for the duration of the agreement.
647-5 (b) If an arbitration award is rendered as provided by
647-6 Subchapter E, the public employer involved is considered to be in
647-7 compliance with the requirements of Section 174.021 as to the
647-8 conditions of employment provided by the award for the duration of
647-9 the collective bargaining period to which the award applies.
647-10 (V.A.C.S. Art. 5154c-1, Secs. 8 (part), 13(b).)
647-11 Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.
647-12 On adoption of this chapter or the law codified by this chapter by
647-13 a political subdivision to which this chapter applies, fire
647-14 fighters, police officers, or both are entitled to organize and
647-15 bargain collectively with their public employer regarding
647-16 compensation, hours, and other conditions of employment. (V.A.C.S.
647-17 Art. 5154c-1, Sec. 5(a).)
647-18 (Sections 174.024-174.050 reserved for expansion
647-19 SUBCHAPTER C. ADOPTION AND REPEAL OF
647-20 COLLECTIVE BARGAINING PROVISIONS
647-21 Sec. 174.051. ADOPTION ELECTION. (a) The governing body of
647-22 a political subdivision to which this chapter applies shall order
647-23 an election for the adoption of this chapter on receiving a
647-24 petition signed by qualified voters of the political subdivision in
647-25 a number equal to or greater than the lesser of:
647-26 (1) 20,000; or
647-27 (2) five percent of the number of qualified voters
648-1 voting in the political subdivision in the preceding general
648-2 election for state and county officers.
648-3 (b) The governing body shall hold the election on the first
648-4 authorized uniform election date prescribed by Chapter 41, Election
648-5 Code, that allows sufficient time for compliance with any
648-6 requirements established by law.
648-7 (c) The ballot in the election shall be printed to provide
648-8 for voting for or against the proposition: "Adoption of the state
648-9 law applicable to (fire fighters, police officers, or both, as
648-10 applicable) that establishes collective bargaining if a majority of
648-11 the affected employees favor representation by an employees
648-12 association, preserves the prohibition against strikes and
648-13 lockouts, and provides penalties for strikes and lockouts."
648-14 (V.A.C.S. Art. 5154c-1, Sec. 5(b) (part).)
648-15 Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION. If a
648-16 majority of the votes cast in an election under Section 174.051
648-17 favor adoption of this chapter, the governing body shall place this
648-18 chapter in effect not later than the 30th day after the beginning
648-19 of the first fiscal year of the political subdivision after the
648-20 election. (V.A.C.S. Art. 5154c-1, Sec. 5(b) (part).)
648-21 Sec. 174.053. REPEAL ELECTION. (a) The governing body of a
648-22 political subdivision in which the collective bargaining provisions
648-23 of this chapter have been in effect for at least one year shall
648-24 order an election for the repeal of the adoption of this chapter on
648-25 receiving a petition signed by qualified voters of the political
648-26 subdivision in a number equal to or greater than the lesser of:
648-27 (1) 20,000; or
649-1 (2) five percent of the number of qualified voters
649-2 voting in the political subdivision in the preceding general
649-3 election for state and county officers.
649-4 (b) The ballot in the election shall be printed to provide
649-5 for voting for or against the proposition: "Repeal of the adoption
649-6 of the state law applicable to (fire fighters, police officers, or
649-7 both, as applicable) that establishes collective bargaining if a
649-8 majority of the affected employees favor representation by an
649-9 employees association, preserves the prohibition against strikes
649-10 and lockouts, and provides penalties for strikes and lockouts."
649-11 (V.A.C.S. Art. 5154c-1, Sec. 5(c) (part).)
649-12 Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION. If a
649-13 majority of the votes cast in an election under Section 174.053
649-14 favor repeal of the adoption of this chapter, the collective
649-15 bargaining provisions of this chapter are void as to the political
649-16 subdivision. (V.A.C.S. Art. 5154c-1, Sec. 5(c) (part).)
649-17 Sec. 174.055. FREQUENCY OF ELECTIONS. If an election for
649-18 the adoption or the repeal of the adoption of this chapter is held
649-19 under this subchapter, a like petition for a subsequent election
649-20 may not be submitted before the first anniversary of the date of
649-21 the preceding election. (V.A.C.S. Art. 5154c-1, Sec. 5(d).)
649-22 (Sections 174.056-174.100 reserved for expansion
649-23 SUBCHAPTER D. COLLECTIVE BARGAINING
649-24 Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR FIRE
649-25 FIGHTERS. A public employer shall recognize an association
649-26 selected by a majority of the fire fighters of the fire department
649-27 of a political subdivision as the exclusive bargaining agent for
650-1 the fire fighters of that department unless a majority of the fire
650-2 fighters withdraw the recognition. (V.A.C.S. Art. 5154c-1, Sec.
650-3 6(a).)
650-4 Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE
650-5 OFFICERS. A public employer shall recognize an association
650-6 selected by a majority of the police officers of the police
650-7 department of a political subdivision as the exclusive bargaining
650-8 agent for the police officers of that department unless a majority
650-9 of the police officers withdraw the recognition. (V.A.C.S. Art.
650-10 5154c-1, Sec. 6(b).)
650-11 Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS AND
650-12 POLICE OFFICERS. (a) Except as provided by Subsection (b), the
650-13 fire and police departments of a political subdivision are separate
650-14 collective bargaining units under this chapter.
650-15 (b) Associations that represent employees in the fire and
650-16 police departments of a political subdivision may voluntarily join
650-17 together for collective bargaining with the public employer.
650-18 (V.A.C.S. Art. 5154c-1, Sec. 6(d).)
650-19 Sec. 174.104. QUESTION REGARDING REPRESENTATION. (a) A
650-20 question of whether an association is the majority representative
650-21 of the employees of a department under Sections 174.101-174.103
650-22 shall be resolved by a fair election conducted according to
650-23 procedures agreed on by the parties.
650-24 (b) If the parties are unable to agree on election
650-25 procedures under Subsection (a), either party may request the
650-26 American Arbitration Association to conduct the election and
650-27 certify the results. Certification of the results of an election
651-1 under this section shall resolve the question regarding
651-2 representation. The public employer shall pay the expenses of the
651-3 election, except that if two or more associations seek recognition
651-4 as the bargaining agent, the associations shall pay the costs of
651-5 the election equally. (V.A.C.S. Art. 5154c-1, Sec. 6(c).)
651-6 Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH.
651-7 (a) If the fire fighters, police officers, or both of a political
651-8 subdivision are represented by an association as provided by
651-9 Sections 174.101-174.104, the public employer and the association
651-10 shall bargain collectively.
651-11 (b) For purposes of this section, the duty to bargain
651-12 collectively means a public employer and an association shall:
651-13 (1) meet at reasonable times;
651-14 (2) confer in good faith regarding compensation,
651-15 hours, and other conditions of employment or the negotiation of an
651-16 agreement or a question arising under an agreement; and
651-17 (3) execute a written contract incorporating any
651-18 agreement reached, if either party requests a written contract.
651-19 (c) This section does not require a public employer or an
651-20 association to:
651-21 (1) agree to a proposal; or
651-22 (2) make a concession. (V.A.C.S. Art. 5154c-1, Secs.
651-23 7(a), (b).)
651-24 Sec. 174.106. DESIGNATION OF NEGOTIATOR. A public employer
651-25 or an association may designate one or more persons to negotiate or
651-26 bargain on its behalf. (V.A.C.S. Art. 5154c-1, Sec. 7(c) (part).)
651-27 Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING CERTAIN
652-1 ISSUES. If compensation or another matter that requires an
652-2 appropriation of money by any governing body is included for
652-3 collective bargaining under this chapter, an association shall
652-4 serve on the public employer a written notice of its request for
652-5 collective bargaining at least 120 days before the date on which
652-6 the public employer's current fiscal operating budget ends.
652-7 (V.A.C.S. Art. 5154c-1, Sec. 7(d).)
652-8 Sec. 174.108. OPEN DELIBERATIONS. A deliberation relating
652-9 to collective bargaining between a public employer and an
652-10 association, a deliberation by a quorum of an association
652-11 authorized to bargain collectively, or a deliberation by a member
652-12 of a public employer authorized to bargain collectively shall be
652-13 open to the public and comply with state law. (V.A.C.S. Art.
652-14 5154c-1, Sec. 7(e).)
652-15 Sec. 174.109. EFFECT OF AGREEMENT. An agreement under this
652-16 chapter is binding and enforceable against a public employer, an
652-17 association, and a fire fighter or police officer covered by the
652-18 agreement. (V.A.C.S. Art. 5154c-1, Sec. 8 (part).)
652-19 (Sections 174.110-174.150 reserved for expansion
652-20 SUBCHAPTER E. MEDIATION; ARBITRATION
652-21 Sec. 174.151. MEDIATION. (a) A public employer and an
652-22 association that is a bargaining agent may use mediation to assist
652-23 them in reaching an agreement.
652-24 (b) If a mediator is used, then a mediator may be appointed
652-25 by agreement of the parties or by an appropriate state agency.
652-26 (c) A mediator may:
652-27 (1) hold separate or joint conferences as the mediator
653-1 considers expedient to settle issues voluntarily, amicably, and
653-2 expeditiously; and
653-3 (2) notwithstanding Subsection (d), recommend or
653-4 suggest to the parties any proposal or procedure that in the
653-5 mediator's judgment might lead to settlement.
653-6 (d) A mediator may not:
653-7 (1) make a public recommendation on any negotiation
653-8 issue in connection with the mediator's service; or
653-9 (2) make a public statement or report that evaluates
653-10 the relative merits of the parties' positions. (V.A.C.S. Art.
653-11 5154c-1, Secs. 7(c) (part), 9(c) (part).)
653-12 Sec. 174.152. IMPASSE. (a) For purposes of this
653-13 subchapter, an impasse in the collective bargaining process is
653-14 considered to have occurred if the parties do not settle in writing
653-15 each issue in dispute before the 61st day after the date on which
653-16 the collective bargaining process begins.
653-17 (b) The period specified in Subsection (a) may be extended
653-18 by written agreement of the parties. An extension must be for a
653-19 definite period not to exceed 15 days. (V.A.C.S. Art. 5154c-1,
653-20 Sec. 9(b).)
653-21 Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT TO
653-22 ARBITRATE. (a) A public employer or an association that is a
653-23 bargaining agent may request the appointment of an arbitration
653-24 board if:
653-25 (1) the parties:
653-26 (A) reach an impasse in collective bargaining;
653-27 or
654-1 (B) are unable to settle after the appropriate
654-2 lawmaking body fails to approve a contract reached through
654-3 collective bargaining;
654-4 (2) the parties made every reasonable effort,
654-5 including mediation, to settle the dispute through good-faith
654-6 collective bargaining; and
654-7 (3) the public employer or association gives written
654-8 notice to the other party, specifying the issue in dispute.
654-9 (b) A request for arbitration must be made not later than
654-10 the fifth day after:
654-11 (1) the date an impasse was reached under Section
654-12 174.152; or
654-13 (2) the expiration of an extension period under
654-14 Section 174.152.
654-15 (c) An election by both parties to arbitrate must:
654-16 (1) be made not later than the fifth day after the
654-17 date arbitration is requested; and
654-18 (2) be a written agreement to arbitrate.
654-19 (d) A party may not request arbitration more than once in a
654-20 fiscal year. (V.A.C.S. Art. 5154c-1, Secs. 9(a), (c) (part), 10(a)
654-21 (part).)
654-22 Sec. 174.154. ARBITRATION BOARD. (a) Not later than the
654-23 fifth day after the date an agreement to arbitrate is executed,
654-24 each party shall:
654-25 (1) select one arbitrator; and
654-26 (2) immediately notify the other party in writing of
654-27 the name and address of the arbitrator selected.
655-1 (b) Not later than the 10th day after the date an agreement
655-2 to arbitrate is executed, the arbitrators named under Subsection
655-3 (a) shall attempt to select a third (neutral) arbitrator. If the
655-4 arbitrators are unable to agree on a third arbitrator, either party
655-5 may request the American Arbitration Association to select the
655-6 third arbitrator, and the American Arbitration Association may
655-7 appoint the third arbitrator according to its fair and regular
655-8 procedures. Unless both parties consent, the third arbitrator may
655-9 not be the same individual who served as a mediator under Section
655-10 174.151.
655-11 (c) The arbitrator selected under Subsection (b) presides
655-12 over the arbitration board. (V.A.C.S. Art. 5154c-1, Sec. 11.)
655-13 Sec. 174.155. ARBITRATION HEARING. (a) A presiding
655-14 arbitrator shall:
655-15 (1) call a hearing to be held not later than the 10th
655-16 day after the date on which the presiding arbitrator is appointed;
655-17 and
655-18 (2) notify the other arbitrators, the public employer,
655-19 and the association in writing of the time and place of the
655-20 hearing, not later than the eighth day before the hearing.
655-21 (b) An arbitration hearing shall end not later than the 20th
655-22 day after the date the hearing begins.
655-23 (c) An arbitration hearing shall be informal. (V.A.C.S.
655-24 Art. 5154c-1, Secs. 12(a) (part), (b) (part).)
655-25 Sec. 174.156. SCOPE OF ARBITRATION. (a) The issues to be
655-26 arbitrated are all matters the parties are unable to resolve
655-27 through collective bargaining and mediation procedures required by
656-1 this chapter.
656-2 (b) An arbitration board shall render an award in accordance
656-3 with the requirements of Section 174.021. In settling disputes
656-4 relating to compensation, hours, and other conditions of
656-5 employment, the board shall consider:
656-6 (1) hazards of employment;
656-7 (2) physical qualifications;
656-8 (3) educational qualifications;
656-9 (4) mental qualifications;
656-10 (5) job training;
656-11 (6) skills; and
656-12 (7) other factors. (V.A.C.S. Art. 5154c-1, Secs.
656-13 10(a) (part), 13(a).)
656-14 Sec. 174.157. EVIDENCE; OATH; SUBPOENA. (a) The rules of
656-15 evidence applicable to judicial proceedings are not binding in an
656-16 arbitration hearing.
656-17 (b) An arbitration board may:
656-18 (1) receive in evidence any documentary evidence or
656-19 other information the board considers relevant;
656-20 (2) administer oaths; and
656-21 (3) issue subpoenas to require:
656-22 (A) the attendance and testimony of witnesses;
656-23 and
656-24 (B) the production of books, records, and other
656-25 evidence relevant to an issue presented to the board for
656-26 determination. (V.A.C.S. Art. 5154c-1, Sec. 12(a) (part).)
656-27 Sec. 174.158. ARBITRATION AWARD. (a) Not later than the
657-1 10th day after the end of the hearing, an arbitration board shall:
657-2 (1) make written findings; and
657-3 (2) render a written award on the issues presented to
657-4 the board.
657-5 (b) A copy of the findings and award shall be mailed or
657-6 delivered to the public employer and the association.
657-7 (c) An increase in compensation awarded by an arbitration
657-8 board under this subchapter may take effect only at the beginning
657-9 of the next fiscal year after the date of the award.
657-10 (d) If a new fiscal year begins after the initiation of
657-11 arbitration procedures under this subchapter, Subsection (c) does
657-12 not apply and an increase in compensation may be retroactive to the
657-13 beginning of the fiscal year. (V.A.C.S. Art. 5154c-1, Secs. 12(b)
657-14 (part), 13(d) (part).)
657-15 Sec. 174.159. EFFECT OF AWARD. If a majority decision of an
657-16 arbitration board is supported by competent, material, and
657-17 substantial evidence on the whole record, the decision:
657-18 (1) is final and binding on the parties; and
657-19 (2) may be enforced by either party or the arbitration
657-20 board in a district court for the judicial district in which a
657-21 majority of the affected employees reside. (V.A.C.S. Art. 5154c-1,
657-22 Sec. 13(c).)
657-23 Sec. 174.160. AMENDMENT OF AWARD. The parties to an
657-24 arbitration award may amend the award by written agreement at any
657-25 time. (V.A.C.S. Art. 5154c-1, Sec. 13(e).)
657-26 Sec. 174.161. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
657-27 year begins after the initiation of arbitration procedures under
658-1 this subchapter but before an award is rendered or enforced:
658-2 (1) the dispute is not moot;
658-3 (2) the jurisdiction of the arbitration board is not
658-4 impaired; and
658-5 (3) the arbitration award is not impaired. (V.A.C.S.
658-6 Art. 5154c-1, Sec. 13(d) (part).)
658-7 Sec. 174.162. EXTENSION OF PERIOD. A period specified by
658-8 Section 174.155 or 174.158 may be extended:
658-9 (1) by the written agreement of the parties for a
658-10 reasonable period; or
658-11 (2) by the arbitration board for good cause for one or
658-12 more periods that in the aggregate do not exceed 20 days.
658-13 (V.A.C.S. Art. 5154c-1, Sec. 12(c).)
658-14 Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED. This
658-15 chapter does not require compulsory arbitration. (V.A.C.S. Art.
658-16 5154c-1, Sec. 10(b).)
658-17 Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES OF
658-18 ARBITRATION. (a) The compensation of an arbitrator selected by a
658-19 public employer shall be paid by the public employer.
658-20 (b) The compensation, if any, of an arbitrator selected by
658-21 fire fighters, police officers, or both shall be paid by the
658-22 association representing the employees.
658-23 (c) The public employer and the association representing the
658-24 employees shall jointly pay in even proportions:
658-25 (1) the compensation of the neutral arbitrator; and
658-26 (2) the stenographic and other expenses incurred by
658-27 the arbitration board in connection with the arbitration
659-1 proceedings.
659-2 (d) If a party to arbitration requires a transcript of the
659-3 arbitration proceedings, the party shall pay the cost of the
659-4 transcript. (V.A.C.S. Art. 5154c-1, Sec. 15.)
659-5 (Sections 174.165-174.200 reserved for expansion
659-6 SUBCHAPTER F. STRIKES; LOCKOUTS
659-7 Sec. 174.201. DEFINITION. In this subchapter, "strike"
659-8 means failing to report for duty in concerted action with others,
659-9 wilfully being absent from one's position, stopping work,
659-10 abstaining from the full, faithful, and proper performance of the
659-11 duties of employment, or interfering with the operation of a
659-12 municipality in any manner, to induce, influence, or coerce a
659-13 change in the conditions, compensation, rights, privileges, or
659-14 obligations of employment. (V.A.C.S. Art. 5154c-1, Sec. 3(5).)
659-15 Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED.
659-16 (a) A fire fighter or police officer may not engage in a strike or
659-17 slowdown.
659-18 (b) A lockout of fire fighters or police officers is
659-19 prohibited. (V.A.C.S. Art. 5154c-1, Sec. 17(a).)
659-20 Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY.
659-21 If a municipality or its designated agent or a department or agency
659-22 head engages in a lockout of fire fighters or police officers, a
659-23 court shall:
659-24 (1) prohibit the lockout;
659-25 (2) impose a fine not to exceed $2,000 on any
659-26 individual violator; or
659-27 (3) both prohibit the lockout and impose the fine.
660-1 (V.A.C.S. Art. 5154c-1, Sec. 17(b).)
660-2 Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION. (a) A
660-3 district court for the judicial district in which a municipality is
660-4 located that finds that an association has called, ordered, aided,
660-5 or abetted a strike by fire fighters or police officers shall:
660-6 (1) impose a fine on the association for each day of
660-7 the strike equal to 1/26 of the total of the association's annual
660-8 membership dues, but not less than $2,500 nor more than $20,000;
660-9 and
660-10 (2) order the forfeiture of any membership dues
660-11 checkoff for a specified period not to exceed 12 months.
660-12 (b) If the court finds that the municipality or its
660-13 representative engaged in acts of extreme provocation that detract
660-14 substantially from the association's responsibility for the strike,
660-15 the court may reduce the amount of the fine.
660-16 (c) An association that appeals a fine under Subsection (b)
660-17 is not required to pay the fine until the appeal is finally
660-18 determined. (V.A.C.S. Art. 5154c-1, Secs. 17(c), (d).)
660-19 Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL. If a fire
660-20 fighter or police officer engages in a strike, interferes with the
660-21 municipality, prevents the municipality from engaging in its duty,
660-22 directs any employee of the municipality to decline to work or to
660-23 stop or slow down work, causes another to fail or refuse to deliver
660-24 goods or services to the municipality, pickets for any of those
660-25 unlawful acts, or conspires to perform any of those acts:
660-26 (1) the fire fighter's or police officer's
660-27 compensation in any form may not increase in any manner until after
661-1 the first anniversary of the date the individual resumes normal
661-2 working duties; and
661-3 (2) the fire fighter or police officer shall be on
661-4 probation for two years regarding civil service status, tenure of
661-5 employment, or contract of employment to which the individual was
661-6 previously entitled. (V.A.C.S. Art. 5154c-1, Sec. 17(e).)
661-7 (Sections 174.206-174.250 reserved for expansion
661-8 SUBCHAPTER G. JUDICIAL ENFORCEMENT AND REVIEW
661-9 Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY. A district
661-10 court for the judicial district in which a municipality is located,
661-11 on the application of a party aggrieved by an act or omission of
661-12 the other party that relates to the rights or duties under this
661-13 chapter, may issue a restraining order, temporary or permanent
661-14 injunction, contempt order, or other writ, order, or process
661-15 appropriate to enforce this chapter. (V.A.C.S. Art. 5154c-1, Sec.
661-16 18.)
661-17 Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER
661-18 DECLINES ARBITRATION. (a) If an association requests arbitration
661-19 as provided by Subchapter E and a public employer refuses to engage
661-20 in arbitration, on the application of the association, a district
661-21 court for the judicial district in which a majority of affected
661-22 employees reside may enforce the requirements of Section 174.021 as
661-23 to any unsettled issue relating to compensation or other conditions
661-24 of employment of fire fighters, police officers, or both.
661-25 (b) If the court finds that the public employer has violated
661-26 Section 174.021, the court shall:
661-27 (1) order the public employer to make the affected
662-1 employees whole as to the employees' past losses;
662-2 (2) declare the compensation or other conditions of
662-3 employment required by Section 174.021 for the period, not to
662-4 exceed one year, as to which the parties are bargaining; and
662-5 (3) award the association reasonable attorney's fees.
662-6 (c) The court costs of an action under this section,
662-7 including costs for a master if one is appointed, shall be taxed to
662-8 the public employer. (V.A.C.S. Art. 5154c-1, Sec. 16.)
662-9 Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
662-10 award of an arbitration board may be reviewed by a district court
662-11 for the judicial district in which the municipality is located only
662-12 on the grounds that:
662-13 (1) the arbitration board was without jurisdiction;
662-14 (2) the arbitration board exceeded its jurisdiction;
662-15 (3) the order is not supported by competent, material,
662-16 and substantial evidence on the whole record; or
662-17 (4) the order was obtained by fraud, collusion, or
662-18 similar unlawful means.
662-19 (b) The pendency of a review proceeding does not
662-20 automatically stay enforcement of the arbitration board's order.
662-21 (V.A.C.S. Art. 5154c-1, Sec. 14.)
662-22 SECTION 5. REPEALER. The following laws are repealed:
662-23 (1) The following articles and Acts, as compiled in
662-24 Vernon's Texas Civil Statutes: 239, 240, 241, 242, 243, 244, 245,
662-25 246, 247, 248, 249, 4413(52), 5152, 5153, 5154, 5154a, 5154b,
662-26 5154c-1, 5154d, 5154e, 5154f, 5154g, 5155, 5159d, 5165.4, 5181.1,
662-27 5196c, 5196d, 5196e, 5196f, 5196g, 5207, 5207a, 5207c, 5221a-2,
663-1 5221a-3, 5221b-1, 5221b-2, 5221b-2a, 5221b-3, 5221b-4, 5221b-4a,
663-2 5221b-5, 5221b-5a, 5221b-5b, 5221b-5c, 5221b-6, 5221b-7, 5221b-7a,
663-3 5221b-7b, 5221b-7c, 5221b-7d, 5221b-8, 5221b-9, 5221b-9a, 5221b-9b,
663-4 5221b-9c, 5221b-9d, 5221b-9e, 5221b-9ee, 5221b-10, 5221b-11,
663-5 5221b-12, 5221b-12A, 5221b-13, 5221b-14, 5221b-15, 5221b-15a,
663-6 5221b-16, 5221b-17, 5221b-17a, 5221b-19, 5221b-20, 5221b-21,
663-7 5221b-22, 5221b-22a, 5221b-22aa, 5221b-22b, 5221b-22c, 5221b-22d,
663-8 5221b-22dd, 5221b-22e, 5221b-22f, 5221b-24, 5221e-1, 5221g,
663-9 5221g-1, 5221g-2, 5221j, 5221k, 6674s, 8307c, 8308a, 8309b, 8309d,
663-10 8309g, 8309g-1, 8309h, 8309i, and 9005.
663-11 (2) The Texas Workers' Compensation Act (Article
663-12 8308-1.01 et seq., Vernon's Texas Civil Statutes).
663-13 SECTION 6. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
663-14 This Act is enacted under Article III, Section 43, of the Texas
663-15 Constitution. This Act is intended as a recodification only, and
663-16 no substantive change in the law is intended by this Act.
663-17 SECTION 7. SAVINGS PROVISION. A code provision adopted by
663-18 this Act that conflicts with an applicable provision of Article
663-19 6252-31, Revised Statutes, as added by Section 35, Chapter 641,
663-20 Acts of the 72nd Legislature, Regular Session, 1991, does not
663-21 prevail over that article unless the law from which the code
663-22 provision was derived would prevail over that article.
663-23 SECTION 8. EFFECTIVE DATE. This Act takes effect September
663-24 1, 1993.
663-25 SECTION 9. EMERGENCY. The importance of this legislation
663-26 and the crowded condition of the calendars in both houses create an
663-27 emergency and an imperative public necessity that the
664-1 constitutional rule requiring bills to be read on three several
664-2 days in each house be suspended, and this rule is hereby suspended.