Texas Labor Code -CHAPTER 402. OPERATION AND ADMINISTRATION OF WORKERS' COMPENSATION
SYSTEM
Texas Workers Compensation Act
Title 5 - Texas Labor Code - Chapters 401-506
TABLE OF CONTENTS
LABOR CODE
CHAPTER 402. OPERATION AND ADMINISTRATION OF WORKERS' COMPENSATION
SYSTEM
SUBCHAPTER A. GENERAL ADMINISTRATION OF SYSTEM; WORKERS'
COMPENSATION DIVISION
§ 402.001. ADMINISTRATION OF SYSTEM: TEXAS DEPARTMENT OF
INSURANCE; WORKERS' COMPENSATION DIVISION. (a) Except as
provided by Section 402.002, the Texas Department of Insurance is
the state agency designated to oversee the workers' compensation
system of this state.
(b) The division of workers' compensation is established as
a division within the Texas Department of Insurance to administer
and operate the workers' compensation system of this state as
provided by this title.
Amended by Acts 2005, 79th Leg., ch. 265, § 1.003, eff. Sept. 1,
2005.
§ 402.00111. RELATIONSHIP BETWEEN COMMISSIONER OF
INSURANCE AND COMMISSIONER OF WORKERS' COMPENSATION; SEPARATION OF
AUTHORITY; RULEMAKING. (a) The division is administered by the
commissioner of workers' compensation as provided by this
subchapter. Except as otherwise provided by this title, the
commissioner of workers' compensation shall exercise all executive
authority, including rulemaking authority, under this title.
(b) The commissioner of insurance may delegate to the
commissioner of workers' compensation or to that person's designee
and may redact any delegation, and the commissioner of workers'
compensation may delegate to the commissioner of insurance or to
that person's designee, any power or duty regarding workers'
compensation imposed on the commissioner of insurance or the
commissioner of workers' compensation under this title, including
the authority to make final orders or decisions. A delegation made
under this subsection must be made in writing.
(c) The commissioner of insurance shall develop and
implement policies that clearly separate the respective
responsibilities of the department and the division.
(d) The commissioner of insurance may provide advice,
research, and comment regarding the adoption of rules by the
commissioner of workers' compensation under this subtitle.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00112. INVESTIGATION OF DIVISION. The department
shall investigate the conduct of the work of the division. For that
purpose, the department shall have access at any time to all
division books and records and may require an officer or employee of
the division to furnish written or oral information.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00113. ADMINISTRATIVE ATTACHMENT TO
DEPARTMENT. (a) The division of workers' compensation is
administratively attached to the department.
(b) The department shall provide the staff and facilities
necessary to enable the division to perform the duties of the
division under this title, including:
(1) administrative assistance and services to the
division, including budget planning and purchasing;
(2) personnel and financial services; and
(3) computer equipment and support.
(c) The commissioner of workers' compensation and the
commissioner of insurance may enter into agreements as necessary to
implement this title.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00114. DUTIES OF DIVISION; SINGLE POINT OF
CONTACT. (a) In addition to other duties required under this
title, the division shall:
(1) regulate and administer the business of workers'
compensation in this state; and
(2) ensure that this title and other laws regarding
workers' compensation are executed.
(b) To the extent determined feasible by the commissioner,
the division shall establish a single point of contact for injured
employees receiving services from the division.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00115. COMPOSITION OF DIVISION. The division is
composed of the commissioner of workers' compensation and other
officers and employees as required to efficiently implement:
(1) this title;
(2) other workers' compensation laws of this state;
and
(3) other laws granting jurisdiction or applicable to
the division or the commissioner.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00116. CHIEF EXECUTIVE. (a) The commissioner of
workers' compensation is the division's chief executive and
administrative officer. The commissioner shall administer and
enforce this title, other workers' compensation laws of this state,
and other laws granting jurisdiction to or applicable to the
division or the commissioner. Except as otherwise specifically
provided by this title, a reference in this title to the
"commissioner" means the commissioner of workers' compensation.
(b) The commissioner has the powers and duties vested in the
division by this title and other workers' compensation laws of this
state.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00117. APPOINTMENT; TERM. (a) The governor, with
the advice and consent of the senate, shall appoint the
commissioner. The commissioner serves a two-year term that expires
on February 1 of each odd-numbered year.
(b) The governor shall appoint the commissioner without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00118. QUALIFICATIONS. The commissioner must:
(1) be a competent and experienced administrator;
(2) be well-informed and qualified in the field of
workers' compensation; and
(3) have at least five years of experience as an
executive in the administration of business or government or as a
practicing attorney, physician, or certified public accountant.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00119. INELIGIBILITY FOR PUBLIC OFFICE. The
commissioner is ineligible to be a candidate for a public elective
office in this state unless the commissioner has resigned and the
governor has accepted the resignation.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00120. COMPENSATION. The commissioner is entitled
to compensation as provided by the General Appropriations Act.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00121. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from office that the commissioner:
(1) does not have at the time of appointment the
qualifications required by Section 402.00118;
(2) does not maintain during service as commissioner
the qualifications required by Section 402.00118;
(3) violates a prohibition established by Section
402.00122, 402.00124, 402.00125, or 402.00126; or
(4) cannot because of illness or incapacity discharge
the commissioner's duties for a substantial part of the
commissioner's term.
(b) The validity of an action of the commissioner or the
division is not affected by the fact that it is taken when a ground
for removal of the commissioner exists.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00122. PROHIBITED GIFTS; ADMINISTRATIVE
VIOLATION. (a) The commissioner or an employee of the division may
not accept a gift, a gratuity, or entertainment from a person having
an interest in a matter or proceeding pending before the division.
(b) A violation of Subsection (a) is an administrative
violation and constitutes a ground for removal from office or
termination of employment.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00123. CIVIL LIABILITY OF COMMISSIONER. The
commissioner is not liable in a civil action for an act performed in
good faith in the execution of duties as commissioner.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00124. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be the commissioner and may not be a
division employee employed in a "bona fide executive,
administrative, or professional capacity" as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of workers'
compensation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of workers'
compensation.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00125. PROHIBITION ON CERTAIN EMPLOYMENT OR
REPRESENTATION. (a) A former commissioner or former employee of
the division involved in hearing cases under this title may not:
(1) be employed by an insurance carrier that was
subject to the scope of the commissioner's or employee's official
responsibility while the commissioner or employee was associated
with the division; or
(2) represent a person before the division or a court
in a matter:
(A) in which the commissioner or employee was
personally involved while associated with the division; or
(B) that was within the commissioner's or
employee's official responsibilities while the commissioner or
employee was associated with the division.
(b) The prohibition under Subsection (a)(1) applies until
the:
(1) second anniversary of the date the commissioner
ceases to serve as the commissioner; and
(2) first anniversary of the date the employee's
employment with the division ceases.
(c) The prohibition under Subsection (a)(2) applies to a
current commissioner or employee of the division while the
commissioner or employee is involved in hearing cases under this
title and at any time thereafter.
(d) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00126. LOBBYING ACTIVITIES. A person may not serve
as commissioner or act as general counsel to the commissioner if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation related to the operation of the department or the
division.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00127. TRAINING PROGRAM FOR COMMISSIONER. (a) Not
later than the 90th day after the date on which the commissioner
takes office, the commissioner shall complete a training program
that complies with this section.
(b) The training program must provide the commissioner with
information regarding:
(1) the legislation that created the division;
(2) the programs operated by the division;
(3) the role and functions of the division;
(4) the rules of the commissioner of insurance
relating to the division, with an emphasis on the rules that relate
to disciplinary and investigatory authority;
(5) the current budget for the division;
(6) the results of the most recent formal audit of the
division;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
division or the Texas Ethics Commission.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.00128. GENERAL POWERS AND DUTIES OF
COMMISSIONER. (a) The commissioner shall conduct the daily
operations of the division and otherwise implement division policy.
(b) The commissioner or the commissioner's designee may:
(1) investigate misconduct;
(2) hold hearings;
(3) issue subpoenas to compel the attendance of
witnesses and the production of documents;
(4) administer oaths;
(5) take testimony directly or by deposition or
interrogatory;
(6) assess and enforce penalties established under
this title;
(7) enter appropriate orders as authorized by this
title;
(8) institute an action in the division's name to
enjoin the violation of this title;
(9) initiate an action under Section 410.254 to
intervene in a judicial proceeding;
(10) prescribe the form, manner, and procedure for the
transmission of information to the division;
(11) correct clerical errors in the entry of orders;
and
(12) exercise other powers and perform other duties as
necessary to implement and enforce this title.
(c) The commissioner is the agent for service of process on
out-of-state employers.
Added by Acts 2005, 79th Leg., ch. 265, § 1.004, eff. Sept. 1,
2005.
§ 402.002. ADMINISTRATION OF SYSTEM: OFFICE OF INJURED
EMPLOYEE COUNSEL. The office of injured employee counsel
established under Chapter 404 shall perform the functions regarding
the provision of workers' compensation benefits in this state
designated by this subtitle as under the authority of that office.
Amended by Acts 2005, 79th Leg., ch. 265, § 1.005, eff. Sept. 1,
2005.
SUBCHAPTER B. SYSTEM GOALS; GENERAL ADMINISTRATION OF SYSTEM
§ 402.021. GOALS; LEGISLATIVE INTENT; GENERAL WORKERS'
COMPENSATION MISSION OF DEPARTMENT. (a) The basic goals of the
workers' compensation system of this state are as follows:
(1) each employee shall be treated with dignity and
respect when injured on the job;
(2) each injured employee shall have access to a fair
and accessible dispute resolution process;
(3) each injured employee shall have access to prompt,
high-quality medical care within the framework established by this
subtitle; and
(4) each injured employee shall receive services to
facilitate the employee's return to employment as soon as it is
considered safe and appropriate by the employee's health care
provider.
(b) It is the intent of the legislature that, in
implementing the goals described by Subsection (a), the workers'
compensation system of this state must:
(1) promote safe and healthy workplaces through
appropriate incentives, education, and other actions;
(2) encourage the safe and timely return of injured
employees to productive roles in the workplace;
(3) provide appropriate income benefits and medical
benefits in a manner that is timely and cost-effective;
(4) provide timely, appropriate, and high-quality
medical care supporting restoration of the injured employee's
physical condition and earning capacity;
(5) minimize the likelihood of disputes and resolve
them promptly and fairly when identified;
(6) promote compliance with this subtitle and rules
adopted under this subtitle through performance-based incentives;
(7) promptly detect and appropriately address acts or
practices of noncompliance with this subtitle and rules adopted
under this subtitle;
(8) effectively educate and clearly inform each person
who participates in the system as a claimant, employer, insurance
carrier, health care provider, or other participant of the person's
rights and responsibilities under the system and how to
appropriately interact within the system; and
(9) take maximum advantage of technological advances
to provide the highest levels of service possible to system
participants and to promote communication among system
participants.
(c) This section may not be construed as:
(1) creating a cause of action; or
(2) establishing an entitlement to benefits to which a
claimant is not otherwise entitled by this subtitle.
(d) As provided by this subtitle, the division shall work to
promote and help ensure the safe and timely return of injured
employees to productive roles in the workforce.
Amended by Acts 2005, 79th Leg., ch. 265, § 1.0065, eff. Sept. 1,
2005.
§ 402.0215. REFERENCE TO COMMISSION DIVISIONS. A
reference in this title or any other law to the division of workers'
health and safety, the division of medical review, the division of
compliance and practices, the division of hearings, and the
division of self-insurance regulation of the former Texas Workers'
Compensation Commission means the division of workers'
compensation of the Texas Department of Insurance.
Added by Acts 2005, 79th Leg., ch. 265, § 2.001, eff. Sept. 1,
2005.
§ 402.022. PUBLIC INTEREST INFORMATION. (a) The
commissioner shall prepare information of public interest
describing the functions of the division and the procedures by
which complaints are filed with and resolved by the division.
(b) The commissioner shall make the information available
to the public and appropriate state agencies.
(c) The commissioner by rule shall ensure that each division
form, standard letter, and brochure under this subtitle:
(1) is written in plain language;
(2) is in a readable and understandable format; and
(3) complies with all applicable requirements
relating to minimum readability requirements.
(d) The division shall make informational materials
described by this section available in English and Spanish.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.002, eff. Sept. 1, 2005.
§ 402.023. COMPLAINT INFORMATION. (a) The commissioner
shall:
(1) adopt rules regarding the filing of a complaint
under this subtitle against an individual or entity subject to
regulation under this subtitle; and
(2) ensure that information regarding the complaint
process is available on the division's Internet website.
(b) The rules adopted under this section must, at a minimum:
(1) ensure that the division clearly defines in rule
the method for filing a complaint; and
(2) define what constitutes a frivolous complaint
under this subtitle.
(c) The division shall develop and post on the division's
Internet website:
(1) a simple standardized form for filing complaints
under this subtitle; and
(2) information regarding the complaint filing
process.
(d) The division shall keep an information file about each
written complaint filed with the division under this subtitle that
is unrelated to a specific workers' compensation claim, including a
complaint regarding the administration of the workers'
compensation system. The information must include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the division took no
action, an explanation of the reason the complaint was closed
without action.
(e) For each written complaint that is unrelated to a
specific workers' compensation claim that the division has
authority to resolve, the division shall provide to the person
filing the complaint and the person about whom the complaint is made
information about the division's policies and procedures under this
subtitle relating to complaint investigation and resolution. The
division, at least quarterly and until final disposition of the
complaint, shall notify those persons about the status of the
complaint unless the notice would jeopardize an undercover
investigation.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.08, eff. Sept. 1, 1995;
Acts 2005, 79th Leg., ch. 265, § 2.003, eff. Sept. 1, 2005.
§ 402.0235. PRIORITIES FOR COMPLAINT
INVESTIGATIONS. (a) The division shall assign priorities to
complaint investigations under this subtitle based on risk. In
developing priorities under this section, the division shall
develop a formal, risk-based complaint investigation system that
considers:
(1) the severity of the alleged violation;
(2) whether the alleged violator showed continued or
wilful noncompliance; and
(3) whether a commissioner order has been violated.
(b) The commissioner may develop additional risk-based
criteria as determined necessary.
Added by Acts 2005, 79th Leg., ch. 265, § 2.003, eff. Sept. 1,
2005.
§ 402.024. PUBLIC PARTICIPATION. (a) The commissioner
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the division and to speak
on issues under the general jurisdiction of the division.
(b) The division shall comply with federal and state laws
related to program and facility accessibility.
(c) In addition to compliance with Subsection (a), the
commissioner shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the division's programs and services.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.09, eff. Sept. 1, 1995;
Acts 2005, 79th Leg., ch. 265, § 2.004, eff. Sept. 1, 2005.
SUBCHAPTER C. PERSONNEL
§ 402.041. APPOINTMENTS. (a) Subject to the General
Appropriations Act or other law, the commissioner shall appoint
deputies, assistants, and other personnel as necessary to carry out
the powers and duties of the commissioner and the division under
this title, other workers' compensation laws of this state, and
other laws granting jurisdiction or applicable to the division or
the commissioner.
(b) A person appointed under this section must have the
professional, administrative, and workers' compensation experience
necessary to qualify the person for the position to which the person
is appointed.
Amended by Acts 2005, 79th Leg., ch. 265, § 1.007, eff. Sept. 1,
2005.
§ 402.042. DIVISION OF RESPONSIBILITIES. The
commissioner shall develop and implement policies that clearly
define the respective responsibilities of the commissioner and the
staff of the division.
Amended by Acts 2005, 79th Leg., ch. 265, § 1.007, eff. Sept. 1,
2005.
§ 402.043. CAREER LADDER; ANNUAL PERFORMANCE
EVALUATIONS. (a) The commissioner or the commissioner's designee
shall develop an intra-agency career ladder program that addresses
opportunities for mobility and advancement for employees within the
division. The program shall require intra-agency postings of all
positions concurrently with any public posting.
(b) The commissioner or the commissioner's designee shall
develop a system of annual performance evaluations that are based
on documented employee performance. All merit pay for division
employees must be based on the system established under this
subsection.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.11, eff. Sept. 1, 1995.
Redesignated from V.T.C.A., Labor Code § 402.044 and amended by
Acts 2005, 79th Leg., ch. 265, § 1.007, eff. Sept. 1, 2005.
§ 402.044. EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT. (a) The commissioner or the commissioner's designee
shall prepare and maintain a written policy statement to ensure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the requirements
of Chapter 21;
(2) a comprehensive analysis of the division work
force that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the division work force of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(b) A policy statement prepared under this section must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the civil rights division of the
Texas Workforce Commission for compliance with Subsection (a)(1);
and
(4) be filed with the Texas Workforce Commission.
(c) The Texas Workforce Commission shall deliver a biennial
report to the legislature based on the information received under
Subsection (b). The report may be made separately or as part of
other biennial reports made to the legislature.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.12, eff. Sept. 1, 1995.
Redesignated from V.T.C.A., Labor Code § 402.045 and amended by
Acts 2005, 79th Leg., ch. 265, § 1.007, eff. Sept. 1, 2005.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF DIVISION AND
COMMISSIONER
§ 402.061. ADOPTION OF RULES. The commissioner shall
adopt rules as necessary for the implementation and enforcement of
this subtitle.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.006, eff. Sept. 1, 2005.
§ 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND
DONATIONS. (a) The division may accept gifts, grants, or donations
as provided by rules adopted by the commissioner.
(b) Repealed by Acts 2005, 79th Leg., ch. 265, §
7.01(15).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 1426, § 4, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1195, § 2.08, eff. Sept. 1, 2001; Acts
2005, 79th Leg., ch. 265, § 2.007, 7.01(15), eff. Sept. 1, 2005.
§ 402.064. FEES. In addition to fees established by this
subtitle, the commissioner shall set reasonable fees for services
provided to persons requesting services from the division,
including services provided under Subchapter E.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.008, eff. Sept. 1, 2005.
§ 402.065. EMPLOYMENT OF COUNSEL. Notwithstanding
Article 1.09-1, Insurance Code, or any other law, the commissioner
may employ counsel to represent the division in any legal action the
division is authorized to initiate.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.009, eff. Sept. 1, 2005.
§ 402.066. RECOMMENDATIONS TO LEGISLATURE. (a) The
commissioner shall consider and recommend to the legislature
changes to this subtitle, including any statutory changes required
by an evaluation conducted under Section 402.074.
(b) The commissioner shall forward the recommended changes
to the legislature not later than December 1 of each even-numbered
year.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.010, eff. Sept. 1, 2005.
§ 402.0665. LEGISLATIVE OVERSIGHT. The legislature may
adopt requirements relating to legislative oversight of the
division and the workers' compensation system of this state. The
division shall comply with any requirements adopted by the
legislature under this section.
Added by Acts 1995, 74th Leg., ch. 980, § 1.13, eff. Sept. 1,
1995. Amended by Acts 2005, 79th Leg., ch. 265, § 2.011, eff.
Sept. 1, 2005.
§ 402.067. ADVISORY COMMITTEES. The commissioner may
appoint advisory committees as the commissioner considers
necessary.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.012, eff. Sept. 1, 2005.
§ 402.068. DELEGATION OF RIGHTS AND DUTIES. Except as
expressly provided by this subtitle, the division may not delegate
rights and duties imposed on it by this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.14, eff. Sept. 1, 1995;
Acts 2005, 79th Leg., ch. 265, § 2.013, eff. Sept. 1, 2005.
§ 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The commissioner or the commissioner's designee
shall provide to division employees, as often as necessary,
information regarding their:
(1) qualifications for office or employment under this
subtitle; and
(2) responsibilities under applicable law relating to
standards of conduct for state officers or employees.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.15, eff. Sept. 1, 1995;
Acts 2005, 79th Leg., ch. 265, § 2.014, eff. Sept. 1, 2005.
§ 402.070. ANNUAL REPORT. (a) The commission shall
prepare annually a complete and detailed written report accounting
for all funds received and disbursed by the commission during the
preceding fiscal year.
(b) The report required under this section must meet the
reporting requirements applicable to financial reporting that are
provided by the General Appropriations Act.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.16, eff. Sept. 1, 1995.
§ 402.071. REPRESENTATIVES. (a) The commissioner shall
establish qualifications for a representative and shall adopt rules
establishing procedures for authorization of representatives.
(b) A representative may receive a fee for providing
representation under this subtitle only if the representative is:
(1) an adjuster representing an insurance carrier; or
(2) licensed to practice law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.015, eff. Sept. 1, 2005.
§ 402.072. SANCTIONS. (a) The division may impose
sanctions against any person regulated by the division under this
subtitle.
(b) Only the commissioner may impose:
(1) a sanction that deprives a person of the right to
practice before the division or of the right to receive
remuneration under this subtitle for a period exceeding 30 days; or
(2) another sanction suspending for more than 30 days
or revoking a license, certification, or permit required for
practice in the field of workers' compensation.
(c) A sanction imposed by the division is binding pending
appeal.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.016, eff. Sept. 1, 2005.
§ 402.073. COOPERATION WITH STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) The commissioner and the chief
administrative law judge of the State Office of Administrative
Hearings by rule shall adopt a memorandum of understanding
governing administrative procedure law hearings under this
subtitle conducted by the State Office of Administrative Hearings
in the manner provided for a contested case hearing under Chapter
2001, Government Code.
(b) In a case in which a hearing is conducted by the State
Office of Administrative Hearings under Section 413.055 or 415.034,
the administrative law judge who conducts the hearing for the State
Office of Administrative Hearings shall enter the final decision in
the case after completion of the hearing.
(c) In a case in which a hearing is conducted in conjunction
with Section 402.072, 407.046, or 408.023, and in other cases under
this subtitle that are not subject to Subsection (b), the
administrative law judge who conducts the hearing for the State
Office of Administrative Hearings shall propose a decision to the
commissioner for final consideration and decision by the
commissioner.
Added by Acts 1995, 74th Leg., ch. 980, § 1.17, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 955, § 1, eff. Sept.
1, 1999; Acts 2005, 79th Leg., ch. 265, § 2.017, eff. Sept. 1,
2005.
§ 402.074. STRATEGIC MANAGEMENT; EVALUATION. The
commissioner shall implement a strategic management plan that:
(1) requires the division to evaluate and analyze the
effectiveness of the division in implementing:
(A) the statutory goals adopted under Section
402.021, particularly goals established to encourage the safe and
timely return of injured employees to productive work roles; and
(B) the other standards and requirements adopted
under this code, the Insurance Code, and other applicable laws of
this state; and
(2) modifies the organizational structure and
programs of the division as necessary to address shortfalls in the
performance of the workers' compensation system of this state.
Added by Acts 2005, 79th Leg., ch. 265, § 2.018, eff. Sept. 1,
2005.
§ 402.075. INCENTIVES; PERFORMANCE-BASED
OVERSIGHT. (a) The commissioner by rule shall adopt requirements
that:
(1) provide incentives for overall compliance in the
workers' compensation system of this state; and
(2) emphasize performance-based oversight linked to
regulatory outcomes.
(b) The commissioner shall develop key regulatory goals to
be used in assessing the performance of insurance carriers and
health care providers. The goals adopted under this subsection
must align with the general regulatory goals of the division under
this subtitle, such as improving workplace safety and
return-to-work outcomes, in addition to goals that support timely
payment of benefits and increased communication.
(c) At least biennially, the division shall assess the
performance of insurance carriers and health care providers in
meeting the key regulatory goals. The division shall examine
overall compliance records and dispute resolution and complaint
resolution practices to identify insurance carriers and health care
providers who adversely impact the workers' compensation system and
who may require enhanced regulatory oversight. The division shall
conduct the assessment through analysis of data maintained by the
division and through self-reporting by insurance carriers and
health care providers.
(d) Based on the performance assessment, the division shall
develop regulatory tiers that distinguish among insurance carriers
and health care providers who are poor performers, who generally
are average performers, and who are consistently high performers.
The division shall focus its regulatory oversight on insurance
carriers and health care providers identified as poor performers.
(e) The commissioner by rule shall develop incentives
within each tier under Subsection (d) that promote greater overall
compliance and performance. The regulatory incentives may include
modified penalties, self-audits, or flexibility based on
performance.
(f) The division shall:
(1) ensure that high-performing entities are publicly
recognized; and
(2) allow those entities to use that designation as a
marketing tool.
(g) In conjunction with the division's accident prevention
services under Subchapter E, Chapter 411, the division shall
conduct audits of accident prevention services offered by insurance
carriers based on the comprehensive risk assessment. The division
shall periodically review those services, but may provide
incentives for less regulation of carriers based on performance.
Added by Acts 2005, 79th Leg., ch. 265, § 2.018, eff. Sept. 1,
2005.
§ 402.076. GENERAL DUTIES; FUNDING. (a) The division
shall perform the workforce education and safety functions of the
workers' compensation system of this state.
(b) The operations of the division under this section are
funded through the maintenance tax assessed under Section 403.002.
Added by Acts 2005, 79th Leg., ch. 265, § 2.018, eff. Sept. 1,
2005.
§ 402.077. EDUCATIONAL PROGRAMS. (a) The division shall
provide education on best practices for return-to-work programs and
workplace safety.
(b) The division shall evaluate and develop the most
efficient, cost-effective procedures for implementing this
section.
Added by Acts 2005, 79th Leg., ch. 265, § 2.018, eff. Sept. 1,
2005.
§ 402.078. REGIONAL OFFICES. The department shall
operate regional offices throughout this state as necessary to
implement the duties of the division and the department under this
subtitle.
Added by Acts 2005, 79th Leg., ch. 265, § 2.018, eff. Sept. 1,
2005.
SUBCHAPTER E. RECORDS AND EMPLOYEE INFORMATION
§ 402.081. DIVISION RECORDS. (a) The commissioner is the
custodian of the division's records and shall perform the duties of
a custodian required by law, including providing copies and the
certification of records.
(b) The division shall comply with records retention
schedules as provided by Chapter 441.185, Government Code.
(c) A record maintained by the division may be preserved in
any format permitted by Chapter 441, Government Code, and rules
adopted by the Texas State Library and Archives Commission under
that chapter.
Text of subsec. (d) as amended by Acts 2005, 79th Leg., ch. 265,
§ 2.019
(d) The division may charge a reasonable fee for making
available for inspection any of its information that contains
confidential information that must be redacted before the
information is made available. However, when a request for
information is for the inspection of 10 or fewer pages, and a copy
of the information is not requested, the division may charge only
the cost of making a copy of the page from which confidential
information must be redacted. The fee for access to information
under Chapter 552, Government Code, shall be in accord with the
rules of the Texas Building and Procurement Commission that
prescribe the method for computing the charge for copies under that
chapter.
Text of subsec. (d) as amended by Acts 2005, 79th Leg., ch. 329,
§ 13 and Acts 2005, 79th Leg., ch. 716, § 11
(d) The commission may charge a reasonable fee for making
available for inspection any of its information that contains
confidential information that must be redacted before the
information is made available. However, when a request for
information is for the inspection of 10 or fewer pages, and a copy
of the information is not requested, the commission may charge only
the cost of making a copy of the page from which confidential
information must be redacted. The fee for access to information
under Chapter 552, Government Code, shall be in accord with the
rules of the attorney general that prescribe the method for
computing the charge for copies under that chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 1270, § 1 eff. June 20, 1997; Acts
2005, 79th Leg., ch. 265, § 2.019, eff. Sept. 1, 2005; Acts
2005, 79th Leg., ch. 329, § 13, eff. Sept. 1, 2005; Acts 2005,
79th Leg., ch. 716, § 11, eff. Sept. 1, 2005.
§ 402.082. INJURY INFORMATION MAINTAINED BY
DIVISION. (a) The division shall maintain information on every
compensable injury as to the:
(1) race, ethnicity, and sex of the claimant;
(2) classification of the injury;
(3) identification of whether the claimant is
receiving medical care through a workers' compensation health care
network certified under Chapter 1305, Insurance Code;
(4) amount of wages earned by the claimant before the
injury; and
(5) amount of compensation received by the claimant.
(b) The division shall provide information maintained under
Subsection (a) to the office of injured employee counsel. The
confidentiality requirements imposed under Section 402.083 apply
to injury information maintained by the division.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.020, eff. Sept. 1, 2005.
§ 402.083. CONFIDENTIALITY OF INJURY INFORMATION. (a)
Information in or derived from a claim file regarding an employee is
confidential and may not be disclosed by the division except as
provided by this subtitle or other law.
(b) Information concerning an employee who has been finally
adjudicated of wrongfully obtaining payment under Section 415.008
is not confidential.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.42, 14.49, eff. Sept. 1,
1995; Acts 2005, 79th Leg., ch. 265, § 2.021, eff. Sept. 1,
2005.
§ 402.084. RECORD CHECK; RELEASE OF INFORMATION. (a)
The division shall perform and release a record check on an
employee, including current or prior injury information, to the
parties listed in Subsection (b) if:
(1) the claim is:
(A) open or pending before the division;
(B) on appeal to a court of competent
jurisdiction; or
(C) the subject of a subsequent suit in which the
insurance carrier or the subsequent injury fund is subrogated to
the rights of the named claimant; and
(2) the requesting party requests the release on a
form prescribed by the division for this purpose and provides all
required information.
(b) Information on a claim may be released as provided by
Subsection (a) to:
(1) the employee or the employee's legal beneficiary;
(2) the employee's or the legal beneficiary's
representative;
(3) the employer at the time of injury;
(4) the insurance carrier;
(5) the Texas Certified Self-Insurer Guaranty
Association established under Subchapter G, Chapter 407, if that
association has assumed the obligations of an impaired employer;
(6) the Texas Property and Casualty Insurance Guaranty
Association, if that association has assumed the obligations of an
impaired insurance company;
(7) a third-party litigant in a lawsuit in which the
cause of action arises from the incident that gave rise to the
injury; or
(8) with regard to information described by Subsection
(c-3), an insurance carrier that has adopted an antifraud plan
under Subchapter B, Chapter 704, Insurance Code, or the authorized
representative of such an insurance carrier.
(c) The requirements of Subsection (a)(1) do not apply to a
request from a third-party litigant described by Subsection (b)(7).
(c-1) For purposes of this section only, "insurance
carrier" means:
(1) a certified self-insurer; or
(2) an entity authorized under the Insurance Code or
another insurance law of this state that provides health insurance
coverage or health benefits in this state, including:
(A) an insurance company, including an insurance
company that holds a certificate of authority issued by the
commissioner of insurance to engage in the business of workers'
compensation insurance in this state;
(B) a group hospital service corporation under
Chapter 842, Insurance Code;
(C) a health maintenance organization under
Chapter 843, Insurance Code;
(D) a stipulated premium company under Chapter
884, Insurance Code;
(E) a fully self-insured plan, as described by
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
Section 1001 et seq.);
(F) a governmental plan, as defined by Section
3(32), Employee Retirement Income Security Act of 1974 (29 U.S.C.
Section 1002(32));
(G) an employee welfare benefit plan, as defined
by Section 3(1), Employee Retirement Income Security Act of 1974
(29 U.S.C. Section 1002(1)); and
(H) an insurer authorized by the Texas Department
of Insurance to offer disability insurance in this state.
(c-2) An insurance carrier is not required to demonstrate
that a subclaim exists in order to obtain information under
Subsection (b)(8).
(c-3) An insurance carrier described by Subsection (b)(8)
or an authorized representative of the insurance carrier may submit
to the commission on a monthly basis a written request for claims
information. The request must contain a list of the names of
persons about whom claims information is requested. The insurance
carrier must certify in the carrier's request that each person
listed is, or has been, an insured under the carrier's insurance
program. The commission shall examine the commission's records to
identify all claims related to the listed persons. If a claims
record exists for a listed person, the commission promptly shall
provide information on each workers' compensation claim filed by
that person to the carrier or the carrier's representative in an
electronic format. The information provided under this subsection
must include, if available:
(1) the full name of the workers' compensation
claimant;
(2) the social security number of the workers'
compensation claimant;
(3) the date of birth of the workers' compensation
claimant;
(4) the name of the employer of the workers'
compensation claimant;
(5) the date of the injury;
(6) a description of the type of injury or the body
part affected, including the workers' compensation claimant's
description of how the injury occurred;
(7) the name of the treating doctor;
(8) the name, address, and claim number of the
insurance carrier handling the claim;
(9) the name of the insurance adjustor handling the
claim; and
(10) the identifying number assigned to the claim by
the commission and the commission field office handling the claim.
(c-4) A potential subclaim identified by an insurance
carrier described by Subsection (b)(8) or an authorized
representative of the insurance carrier may form the basis for the
identification and filing of a subclaim against an insurance
carrier under this subtitle.
(c-5) Information received under this section by an
insurance carrier described by Subsection (b)(8) or an authorized
representative of the insurance carrier remains subject to
confidentiality requirements of this subtitle while in the
possession of the insurance carrier or representative. However,
the following laws do not prohibit the commission from disclosing
full information regarding a claim as necessary to determine if a
valid subclaim exists:
(1) Chapter 552, Government Code;
(2) Chapter 159, Occupations Code; or
(3) any other analogous law restricting disclosure of
health care information.
(c-6) The commission may not redact claims records produced
in an electronic data format under a request made under this
section.
(c-7) An insurance carrier and its authorized
representative may request full claims data under Subsection
(b)(8), and the records shall be produced once each month. For
purposes of this subsection, "full claims data" means an electronic
download or tape in an electronic data format of the information
listed in Subsection (c-3) on all cases relating to the workers'
compensation claimants listed as insureds of the requesting
insurance carrier.
(d) The commissioner by rule may establish a reasonable fee,
not to exceed five cents for each claimant listed in an information
request, for all information requested by an insurance carrier
described by Subsection (b)(8) or an authorized representative of
the insurance carrier in an electronic data format. The
commissioner shall adopt rules under Section 401.024(d) to
establish:
(1) reasonable security parameters for all transfers
of information requested under this section in electronic data
format; and
(2) requirements regarding the maintenance of
electronic data in the possession of an insurance carrier described
by Subsection (b)(8) or an authorized representative of the
insurance carrier.
(e) The insurance carrier or the carrier's authorized
representative must execute a written agreement with the commission
before submitting the carrier's first request under Subsection
(c-3). The agreement must contain a provision by which the carrier
and the representative agree to comply with the commission's rules
governing security parameters applicable to the transfer of
information under Subsection (d)(1) and the maintenance of
electronic data under Subsection (d)(2).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2001, 77th Leg., ch. 1033, § 5, eff. Sept. 1, 2001; Acts
2005, 79th Leg., ch. 265, § 2.022, eff. Sept. 1, 2005; Acts
2005, 79th Leg., ch. 728, § 11.132, eff. Sept. 1, 2005; Acts
2005, 79th Leg., ch. 1190, § 1, eff. June 18, 2005.
§ 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
division shall release information on a claim to:
(1) the Texas Department of Insurance for any
statutory or regulatory purpose, including a research purpose under
Chapter 405;
(2) a legislative committee for legislative purposes;
(3) a state or federal elected official requested in
writing to provide assistance by a constituent who qualifies to
obtain injury information under Section 402.084(b), if the request
for assistance is provided to the division;
(4) the attorney general or another entity that
provides child support services under Part D, Title IV, Social
Security Act (42 U.S.C. Section 651 et seq.), relating to:
(A) establishing, modifying, or enforcing a
child support or medical support obligation; or
(B) locating an absent parent; or
(5) the office of injured employee counsel for any
statutory or regulatory purpose that relates to a duty of that
office.
(b) The division may release information on a claim to a
governmental agency, political subdivision, or regulatory body to
use to:
(1) investigate an allegation of a criminal offense or
licensing or regulatory violation;
(2) provide:
(A) unemployment compensation benefits;
(B) crime victims compensation benefits;
(C) vocational rehabilitation services; or
(D) health care benefits;
(3) investigate occupational safety or health
violations;
(4) verify income on an application for benefits under
an income-based state or federal assistance program; or
(5) assess financial resources in an action, including
an administrative action, to:
(A) establish, modify, or enforce a child support
or medical support obligation;
(B) establish paternity;
(C) locate an absent parent; or
(D) cooperate with another state in an action
authorized under Part D, Title IV, Social Security Act (42 U.S.C.
Section 651 et seq.), or Chapter 231, Family Code.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.43(a), eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 1426, § 5, eff. Sept. 1, 1999; Acts
2005, 79th Leg., ch. 265, § 2.023, eff. Sept. 1, 2005.
§ 402.086. TRANSFER OF CONFIDENTIALITY. (a) Information
relating to a claim that is confidential under this subtitle
remains confidential when released to any person, except when used
in court for the purposes of an appeal.
(b) This section does not prohibit an employer from
releasing information about a former employee to another employer
with whom the employee has applied for employment, if that
information was lawfully acquired by the employer releasing the
information.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 402.087. INFORMATION AVAILABLE TO PROSPECTIVE
EMPLOYERS. (a) A prospective employer who has workers'
compensation insurance coverage and who complies with this
subchapter is entitled to obtain information on the prior injuries
of an applicant for employment if the employer obtains written
authorization from the applicant before making the request.
(b) The employer must make the request by telephone or file
the request in writing not later than the 14th day after the date on
which the application for employment is made.
(c) The request must include the applicant's name, address,
and social security number.
(d) If the request is made in writing, the authorization
must be filed simultaneously. If the request is made by telephone,
the employer must file the authorization not later than the 10th day
after the date on which the request is made.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 402.088. REPORT OF PRIOR INJURY. (a) On receipt of a
valid request made under and complying with Section 402.087, the
division shall review its records.
(b) If the division finds that the applicant has made two or
more general injury claims in the preceding five years, the
division shall release the date and description of each injury to
the employer.
(c) The information may be released in writing or by
telephone.
(d) If the employer requests information on three or more
applicants at the same time, the division may refuse to release
information until it receives the written authorization from each
applicant.
(e) In this section, "general injury" means an injury other
than an injury limited to one or more of the following:
(1) an injury to a digit, limb, or member;
(2) an inguinal hernia; or
(3) vision or hearing loss.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.024, eff. Sept. 1, 2005.
§ 402.089. FAILURE TO FILE AUTHORIZATION. An employer
who receives information by telephone from the division under
Section 402.088 and who fails to file the necessary authorization
in accordance with Section 402.087 commits an administrative
violation.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.025, eff. Sept. 1, 2005.
§ 402.090. STATISTICAL INFORMATION. The division, the
Texas Department of Insurance, or any other governmental agency may
prepare and release statistical information if the identity of an
employee is not explicitly or implicitly disclosed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 2.026, eff. Sept. 1, 2005.
§ 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY; OFFENSE;
PENALTY. (a) A person commits an offense if the person knowingly,
intentionally, or recklessly publishes, discloses, or distributes
information that is confidential under this subchapter to a person
not authorized to receive the information directly from the
division.
(b) A person commits an offense if the person knowingly,
intentionally, or recklessly receives information that is
confidential under this subchapter and that the person is not
authorized to receive.
(c) An offense under this section is a Class A misdemeanor.
(d) An offense under this section may be prosecuted in a
court in the county where the information was unlawfully received,
published, disclosed, or distributed.
(e) A district court in Travis County has jurisdiction to
enjoin the use, publication, disclosure, or distribution of
confidential information under this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.18, eff. Sept. 1, 1995;
Acts 2005, 79th Leg., ch. 265, § 2.027, eff. Sept. 1, 2005.
§ 402.092. INVESTIGATION FILES CONFIDENTIAL; DISCLOSURE
OF CERTAIN INFORMATION. (a) In this section, "investigation file"
means any information compiled or maintained by the division with
respect to a division investigation under this subtitle or other
workers' compensation law. The term does not include information
or material acquired by the division that is relevant to an
investigation by the insurance fraud unit and subject to Section
701.151, Insurance Code.
(b) Information maintained in the investigation files of
the division is confidential and may not be disclosed except:
(1) in a criminal proceeding;
(2) in a hearing conducted by the division;
(3) on a judicial determination of good cause;
(4) to a governmental agency, political subdivision,
or regulatory body if the disclosure is necessary or proper for the
enforcement of the laws of this or another state or of the United
States; or
(5) to an insurance carrier if the investigation file
relates directly to a felony regarding workers' compensation or to
a claim in which restitution is required to be paid to the insurance
carrier.
(c) Division investigation files are not open records for
purposes of Chapter 552, Government Code.
(d) Information in an investigation file that is
information in or derived from a claim file, or an employer injury
report or occupational disease report, is governed by the
confidentiality provisions relating to that information.
(e) The division, upon request, shall disclose the identity
of a complainant under this section if the division finds:
(1) the complaint was groundless or made in bad faith;
(2) the complaint lacks any basis in fact or evidence;
(3) the complaint is frivolous; or
(4) the complaint is done specifically for competitive
or economic advantage.
(f) Upon completion of an investigation in which the
division determines a complaint is described by Subsection (e), the
division shall notify the person who was the subject of the
complaint of its finding and the identity of the complainant.
Added by Acts 1995, 74th Leg., ch. 980, § 1.19, eff. Sept. 1,
1995. Amended by Acts 2005, 79th Leg., ch. 265, § 2.028, eff.
Sept. 1, 2005.
SUBCHAPTER F. COOPERATION WITH OFFICE OF INJURED EMPLOYEE COUNSEL
§ 402.251. COOPERATION; FACILITIES. (a) The department
and the division shall cooperate with the office of injured
employee counsel in providing services to claimants under this
subtitle.
(b) The department shall provide facilities to the office of
injured employee counsel in each regional office operated to
administer the duties of the division under this subtitle.
Added by Acts 2005, 79th Leg., ch. 265, § 2.029, eff. Sept. 1,
2005.
