Bill Text: TX SB2551 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability, payment, and benefits for certain workers' compensation claims.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2551 Detail]
Download: Texas-2019-SB2551-Comm_Sub.html
Bill Title: Relating to liability, payment, and benefits for certain workers' compensation claims.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2551 Detail]
Download: Texas-2019-SB2551-Comm_Sub.html
86R32763 KKR-F | ||
By: Hinojosa, et al. | S.B. No. 2551 | |
(Burrows) | ||
Substitute the following for S.B. No. 2551: No. |
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relating to liability, payment, and death benefits for certain | ||
workers' compensation claims. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.055. CANCER. (a) A firefighter or emergency | ||
medical technician who suffers from cancer resulting in death or | ||
total or partial disability is presumed to have developed the | ||
cancer during the course and scope of employment as a firefighter or | ||
emergency medical technician if: | ||
(1) the firefighter or emergency medical technician: | ||
(A) regularly responded on the scene to calls | ||
involving fires or fire fighting; or | ||
(B) regularly responded to an event involving the | ||
documented release of radiation or a known or suspected carcinogen | ||
while the person was employed as a firefighter or emergency medical | ||
technician; and | ||
(2) the cancer is [ |
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(b) This section applies only to: | ||
(1) cancer that originates at the stomach, colon, | ||
rectum, skin, prostate, testis, or brain; | ||
(2) non-Hodgkin's lymphoma; | ||
(3) multiple myeloma; | ||
(4) malignant melanoma; and | ||
(5) renal cell carcinoma [ |
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SECTION 2. Section 409.021, Labor Code, is amended by | ||
adding Subsection (a-3) to read as follows: | ||
(a-3) An insurance carrier is not required to comply with | ||
Subsection (a) if the claim results from an employee's disability | ||
or death for which a presumption is claimed to be applicable under | ||
Subchapter B, Chapter 607, Government Code, and, not later than the | ||
15th day after the date on which the insurance carrier received | ||
written notice of the injury, the insurance carrier has provided | ||
the employee and the division with a notice that describes all steps | ||
taken by the insurance carrier to investigate the injury before the | ||
notice was given and the evidence the carrier reasonably believes | ||
is necessary to complete its investigation of the compensability of | ||
the injury. The commissioner shall adopt rules as necessary to | ||
implement this subsection. | ||
SECTION 3. Section 409.022, Labor Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) An insurance carrier has not committed an | ||
administrative violation if the carrier has sent notice to the | ||
employee as required by Subsection (d) or Section 409.021(a-3). | ||
SECTION 4. Section 415.021, Labor Code, is amended by | ||
adding Subsection (c-2) to read as follows: | ||
(c-2) In determining whether to assess an administrative | ||
penalty involving a claim in which the insurance carrier provided | ||
notice under Section 409.021(a-3), the commissioner shall consider | ||
whether: | ||
(1) the employee cooperated with the insurance | ||
carrier's investigation of the claim; | ||
(2) the employee timely authorized access to the | ||
applicable medical records before the insurance carrier's deadline | ||
to: | ||
(A) begin payment of benefits; or | ||
(B) notify the division and the employee of the | ||
insurance carrier's refusal to pay benefits; and | ||
(3) the insurance carrier conducted an investigation | ||
of the claim, applied the statutory presumptions under Subchapter | ||
B, Chapter 607, Government Code, and expedited medical benefits | ||
under Section 504.055. | ||
SECTION 5. Section 504.053(e), Labor Code, is amended to | ||
read as follows: | ||
(e) Nothing in this chapter waives sovereign immunity or | ||
creates a new cause of action, except that a political subdivision | ||
that self-insures either individually or collectively is liable | ||
for: | ||
(1) sanctions, administrative penalties, and other | ||
remedies authorized under Chapter 415; | ||
(2) attorney's fees as provided by Section 408.221(c); | ||
and | ||
(3) attorney's fees as provided by Section 417.003. | ||
SECTION 6. Subchapter D, Chapter 504, Labor Code, is | ||
amended by adding Section 504.074 to read as follows: | ||
Sec. 504.074. SELF-INSURANCE ACCOUNT FOR CERTAIN DEATH | ||
BENEFITS. (a) A pool or a political subdivision that self-insures | ||
may establish an account for the payment of death benefits for a | ||
compensable injury to a firefighter or emergency medical technician | ||
described by Section 607.055, Government Code. | ||
(b) An account established under this section may | ||
accumulate assets in an amount that the pool or political | ||
subdivision, in its sole discretion, determines is necessary in | ||
order to pay death benefits described by Subsection (a). The | ||
establishment of an account under this section or the amount of | ||
assets accumulated in the account does not affect the liability of a | ||
pool or political subdivision for the payment of death benefits. | ||
(c) Chapter 2256, Government Code, does not apply to the | ||
investment of assets in an account established under this section. | ||
A pool or political subdivision investing or reinvesting the assets | ||
of an account shall exercise the judgment and care, under the | ||
circumstances, that a person of prudence, discretion, and | ||
intelligence would exercise in the management of the person's own | ||
affairs, considering the probable income to be derived and the | ||
probable safety of capital. A determination of whether the pool or | ||
political subdivision exercised prudence in making an investment | ||
decision shall be made by considering the investment of all assets | ||
of the account rather than by considering the prudence of a single | ||
investment. | ||
SECTION 7. Section 607.055, Government Code, as amended by | ||
this Act, applies only to a claim for workers' compensation | ||
benefits filed on or after the effective date of this Act. A claim | ||
filed before that date is governed by the law as it existed on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 8. The commissioner of workers' compensation shall | ||
adopt rules as required by or necessary to implement this Act not | ||
later than January 1, 2020. | ||
SECTION 9. (a) Section 504.053(e)(1), Labor Code, as added | ||
by this Act, applies only to an administrative violation that | ||
occurs on or after the effective date of this Act. An | ||
administrative violation that occurs before the effective date of | ||
this Act is governed by the law applicable to the violation | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
(b) Section 504.053(e)(2), Labor Code, as added by this Act, | ||
applies only to a claim for workers' compensation benefits filed on | ||
or after the effective date of this Act. A claim filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. |