Amend CSSB 5 by adding a new Section ____ on page ____ of the 
bill and renumber the remaining sections as appropriate:
	Subchapter A, Chapter 410, Labor Code, is amended by adding 
Section 410.007 to read as follows:
	Section 410.007.  RECOGNITION OF ALTERNATIVE 
AGREEMENTS.  (a)  Notwithstanding any other provision of this 
subtitle and except as provided by Subsections (c) and (d), if an 
agreement entered into pursuant to 21 U.S.C. Section 151 et seq., 45 
U.S.C. Section 151 et. seq. or Local Government Code Chapter 174, 
between a certified self insurer, an individually insured employer 
or an employer that is insured through an employer association 
engaged in construction, construction maintenance, or construction 
inspection, and a labor organization that is the recognized or 
certified exclusive representative for employees employed by any 
such entity who receive workers compensation coverage is filed with 
the commission, a mutually agreed upon provision of the agreement 
is valid and binding upon the parties to the agreement if it does 
any or all of the following:
		(1)  establishes an alternative dispute resolution 
system which may include, but is not limited to, provisions for 
conciliation, mediation, and arbitration that supplement, modify 
or replace the provisions of Subchapter c;
		(2)  adopts an agreed-upon list of health care 
providers of medical treatment as the exclusive source of all 
medical treatment provided under this subtitle.
		(3)  adopts a limited list of physicians to conduct 
independent medical examinations that the parties may agree is the 
exclusive source of independent medical examiners under this 
subtitle;
		(4)  adopts a case management, patient advocate, 
utilization review or similar program or combination of programs 
intended to improve the quality and control the cost of medical and 
related treatment and care;
		(5)  adopts a light-duty, modified-job, or 
return-to-work program;   
		(6)  adopts a vocational rehabilitation or retraining 
program that uses an agreed-upon list of providers of 
rehabilitation services as the exclusive source of providers of 
rehabilitation services under this article.
	(b)  An agreement described by this section may provide that 
arbitration held pursuant to the agreement:
		(1)  is binding on the parties; or                                     
		(2)  is subject to review in the same manner as a final 
decision issued by a hearing officer under Subchapter D.
	(c)  This section may not be construed to permit an agreement 
that:   
		(1)  diminishes an employee's entitlement to 
compensation payments for total or partial disability, vocational 
rehabilitation, or medical treatment that are fully paid by the 
employee's employer or as otherwise provided by this subtitle; or
		(2)  denies an employee the right to legal 
representation at each stage of the alternative dispute resolution 
process under this chapter.
	(d)  Any portion of an agreement that violates Subsection (c) 
is null and void.
	(e)  The Commissioner shall promulgate rules necessary for 
the implementation of this Section.

	(f)  By September 1, 2006, and annually thereafter, the 
commissioner shall prepare and report to the Legislature that a 
report which is to be based upon aggregate data and shall include 
the following:
		(1)  Person hours and payroll covered by agreements 
filed.           
		(2)  The number of claims filed.                                       
		(3)  The average cost per claim shall be reported by 
cost components whenever practicable.
		(4)  The number of litigated claims, including the 
number of claims submitted to mediation, arbitration, and district 
court.
		(5)  The number of contested claims resolved prior to 
arbitration.   
		(6)  The projected incurred costs and actual costs of 
claims.        
		(7)  Safety history.                                                   
		(8)  The number of workers participating in vocational 
rehabilitation.
		(9)  The number of workers participating in light-duty 
programs.  The commissioner shall have the authority to require 
those employers and groups of employers listed in subdivision (c) 
to provide the data listed above.