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State Law
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Texas Labor Code - Chapter 402 Operation And Administration Of Workers' Compensation SystemLegal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Chapter 402 Operation And Administration Of Workers' Compensation System (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 ... (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 ... 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 ... (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 ... (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; ... 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 ... (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 ... (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 ... 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 ... 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 ... 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. ... (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 ... (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 ... 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 ... (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 ... (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 ... 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 ... (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 ... (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) ... 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 ... (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 ... 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 ... (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 ... (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 ... (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) The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the division and to speak on ... (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 ... 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 ... (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 ... (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 ... The commissioner shall adopt rules as necessary for the implementation and enforcement of this subtitle. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. ... (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. ... 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 ... 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 ... (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 ... 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 ... The commissioner may appoint advisory committees as the commissioner considers necessary. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by ... 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., ... 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 ... (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 ... (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 ... (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 ... (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 ... 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) ... (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) ... (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 ... (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, ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... 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 ... (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) In this section, "investigation file" means any information compiled or maintained by the division with respect to a division investigation under this subtitle or ... (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 ... Last modified: August 10, 2007 |