Texas Labor Code - Section 412.041. Director Duties
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Texas Laws > Labor Code > Texas Labor Code - Section 412.041. Director Duties
§ 412.041. DIRECTOR DUTIES. (a) The director serves as
the state risk manager.
(b) The director shall supervise the development and
administration of systems to:
(1) identify the property and liability losses,
including workers' compensation losses, of each state agency;
(2) identify the administrative costs of risk
management incurred by each state agency;
(3) identify and evaluate the exposure of each state
agency to claims for property and liability losses, including
workers' compensation; and
(4) reduce the property and liability losses,
including workers' compensation, incurred by each state agency.
(c) In addition to other duties provided by this chapter, by
Chapter 501, and by the board, the director shall:
(1) keep full and accurate minutes of the transactions
and proceedings of the board;
(2) be the custodian of the files and records of the
board;
(3) prepare and recommend to the board plans and
procedures necessary to implement the purposes and objectives of
this chapter and Chapter 501, including rules and proposals for
administrative procedures consistent with this chapter and Chapter
501;
(4) hire staff as necessary to accomplish the
objectives of the board and may delegate powers and duties to
members of that staff as necessary;
(5) be responsible for the investigation of complaints
and for the presentation of formal complaints;
(6) attend all meetings of the board as a nonvoting
participant; and
(7) handle the correspondence of the board and obtain,
assemble, or prepare the reports and information that the board may
direct or authorize.
(d) If necessary to the administration of this chapter and
Chapter 501, the director, with the approval of the board, may
secure and provide for services that are necessary and may employ
and compensate within available appropriations professional
consultants, technical assistants, and employees on a full-time or
part-time basis.
(e) The director also serves as the administrator of the
government employees workers' compensation insurance program.
(f) In administering and enforcing Chapter 501 as regards a
compensable injury with a date of injury before September 1, 1995,
the director shall act in the capacity of employer and insurer. In
administering and enforcing Chapter 501 as regards a compensable
injury with a date of injury on or after September 1, 1995, the
director shall act in the capacity of insurer.
(g) The director shall act as an adversary before the
division and courts and present the legal defenses and positions of
the state as an employer and insurer, as appropriate.
(h) For the purposes of Subsection (f) and Chapter 501, the
director is entitled to the legal counsel of the attorney general.
(i) In administering Chapter 501, the director is subject to
the rules, orders, and decisions of the commissioner in the same
manner as a private employer, insurer, or association.
(j) The director shall:
(1) prepare for adoption by the board procedural rules
and prescribe forms necessary for the effective administration of
this chapter and Chapter 501; and
(2) prepare for adoption by the board and enforce
reasonable rules for the prevention of accidents and injuries.
(k) The director shall hold hearings on all proposed rules
and provide reasonable opportunity for the officers of state
agencies to testify at hearings on all proposed rules under this
chapter and Chapter 501.
(l) The director shall furnish copies of all rules to:
(1) the commissioner of insurance;
(2) the commissioner; and
(3) the administrative heads of all state agencies
affected by this chapter and Chapter 501.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.05, eff. Sept. 1,
2002; Acts 2005, 79th Leg., ch. 265, § 3.225, eff. Sept. 1,
2005.
Section: 412.021 412.022 412.023 412.024 412.031 412.032 412.033 412.041 412.042 412.051 412.052 412.053 413.002 413.003 413.004
Last modified: August 11, 2007
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