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• Texas Labor Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Labor Code Section 1.002 - Construction Of Code
  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
• Texas Labor Code Section 1.003 - Internal References
  In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of ...
• Texas Labor Code Section 1.004 - Reference In Law To Statute Revised By Code
  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
• Texas Labor Code Section 21.001 - Purposes
  The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of ...
• Texas Labor Code Section 21.0015 - Texas Workforce Commission Civil Rights Division
  The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission civil rights division. A ...
• Texas Labor Code Section 21.002 - Definitions
  In this chapter: (1) "Bona fide occupational qualification" means a qualification: (A) reasonably related to the satisfactory performance of the duties of a job; and ...
• Texas Labor Code Section 21.003 - General Powers And Duties Of Commission
  (a) The commission may: (1) promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other ...
• Texas Labor Code Section 21.0035 - Civilian Workforce Composition
  (a) The commission by rule shall biennially determine: (1) the percentage of the statewide civilian workforce composed of: (A) Caucasian Americans; (B) African Americans; (C) ...
• Texas Labor Code Section 21.004 - Criminal Offense Of Interference; Penalty
  (a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise ...
• Texas Labor Code Section 21.005 - Effect On Other State Or Federal Laws
  This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the ...
• Texas Labor Code Section 21.006 - Conformity With Federal Statutes
  If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the ...
• Texas Labor Code Section 21.007 - Privileged Communication; Immunity
  An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's ...
• Texas Labor Code Section 21.008 - Limited Severability
  (a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances ...
• Texas Labor Code Section 21.009 - Joinder Of Commission
  (a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this ...
• Texas Labor Code Section 21.010 - Employment Discrimination Training For State Employees
  (a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b) The training program ...
• Texas Labor Code Section 21.051 - Discrimination By Employer
  An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses ...
• Texas Labor Code Section 21.052 - Discrimination By Employment Agency
  An employment agency commits an unlawful employment practice if the employment agency: (1) fails or refuses to refer for employment or discriminates in any other ...
• Texas Labor Code Section 21.053 - Discrimination By Labor Organization
  A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization: (1) excludes ...
• Texas Labor Code Section 21.054 - Admission Or Participation In Training Program
  (a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an ...
• Texas Labor Code Section 21.055 - Retaliation
  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a ...
• Texas Labor Code Section 21.056 - Aiding Or Abetting Discrimination
  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces ...
• Texas Labor Code Section 21.057 - Interference With Commission
  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance ...
• Texas Labor Code Section 21.058 - Prevention Of Compliance
  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a ...
• Texas Labor Code Section 21.059 - Discriminatory Notice Or Advertisement
  (a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful ...
• Texas Labor Code Section 21.060 - Violation Of Conciliation Agreement
  A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement. ...
• Texas Labor Code Section 21.061 - Insufficient Evidence Of Unlawful Practice
  In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient ...
• Texas Labor Code Section 21.101 - Age Discrimination Limited To Individuals Of Certain Age
  Except as provided by Section 21.054, the provisions of this chapter referring to discrimination because of age or on the basis of age apply only ...
• Texas Labor Code Section 21.102 - Bona Fide Employee Benefit Plan; Production Measurement System
  (a) Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or ...
• Texas Labor Code Section 21.103 - Compulsory Retirement Permitted For Certain Employees
  This chapter does not prohibit the compulsory retirement of an employee who is: (1) at least 65 years of age; (2) employed in a bona ...
• Texas Labor Code Section 21.104 - Age Requirement For Peace Officers Or Fire Fighters
  An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. Acts 1993, ...
• Texas Labor Code Section 21.105 - Discrimination Based On Disability
  A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because ...
• Texas Labor Code Section 21.106 - Sex Discrimination
  (a) A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the ...
• Texas Labor Code Section 21.107 - Effect On Abortion Benefits
  This chapter does not: (1) require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered ...
• Texas Labor Code Section 21.108 - Discrimination Based On Religion
  A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the ...
• Texas Labor Code Section 21.109 - Employment By Religious Organization
  (a) A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a ...
• Texas Labor Code Section 21.110 - Discrimination Based On National Origin
  A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on ...
• Texas Labor Code Section 21.111 - Person Employed Out Of State
  This chapter does not apply to an employer with respect to the employment of a person outside this state. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 21.112 - Employees At Different Locations
  An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, ...
• Texas Labor Code Section 21.113 - Imbalance Plan Not Required
  This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of ...
• Texas Labor Code Section 21.114 - Plan To End Discriminatory School Practices
  A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. Acts ...
• Texas Labor Code Section 21.115 - Business Necessity
  An employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited ...
• Texas Labor Code Section 21.116 - Reliance On Commission Interpretation Or Opinion
  (a) A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written ...
• Texas Labor Code Section 21.117 - Employment Of Family Member
  Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child. Acts 1993, 73rd Leg., ch. 269, § ...
• Texas Labor Code Section 21.118 - Statewide Hometown Plan
  Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by ...
• Texas Labor Code Section 21.119 - Bona Fide Occupational Qualification
  If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or ...
• Texas Labor Code Section 21.120 - Use Or Possession Of Controlled Substance
  (a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses ...
• Texas Labor Code Section 21.121 - Work Force Diversity Programs
  An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. Added by Acts 1995, ...
• Texas Labor Code Section 21.122 - Burden Of Proof In Disparate Impact Cases
  (a) An unlawful employment practice based on disparate impact is established under this chapter only if: (1) a complainant demonstrates that a respondent uses a ...
• Texas Labor Code Section 21.123 - Scope Of Defense
  A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of ...
• Texas Labor Code Section 21.124 - Prohibition Against Discriminatory Use Of Test Scores
  It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the ...
• Texas Labor Code Section 21.125 - Clarifying Prohibition Against Impermissible Consideration Of Race, Color, Sex, National Origin, Religion, Age, Or Disability In Employment Practices
  (a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, ...
• Texas Labor Code Section 21.126 - Coverage Of Previously Exempt Employees Of The State Or Political Subdivision Of The State
  It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate ...
• Texas Labor Code Section 21.127 - Expansion Of Rights To Challenge Discriminatory Seniority Systems
  With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the ...
• Texas Labor Code Section 21.128 - Reasonable Accommodation; Good Faith Effort
  (a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to ...
• Texas Labor Code Section 21.129 - Court-Ordered Remedies, Affirmative, Action Agreements, And Conciliation Agreements Not Affected
  This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. Added by Acts 1995, 74th Leg., ...
• Texas Labor Code Section 21.151 - Enforcement By Ordinance
  A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or ...
• Texas Labor Code Section 21.152 - Creation Of Local Commission
  (a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to: (1) promote the purposes of this chapter; ...
• Texas Labor Code Section 21.153 - General Powers And Duties Of Local Commission
  (a) A local commission may: (1) employ an executive director and other employees and agents and set their compensation; (2) cooperate or contract with a ...
• Texas Labor Code Section 21.154 - Investigatory And Conciliatory Powers Of Local Commission
  (a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or ...
• Texas Labor Code Section 21.155 - Referral To Local Commission And Action On Complaints
  (a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age ...
• Texas Labor Code Section 21.156 - Referral By Local Commission To State Commission
  A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 21.201 - Filing Of Complaint; Form And Content; Service
  (a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission. (b) The ...
• Texas Labor Code Section 21.202 - Statute Of Limitations
  (a) A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred. (b) ...
• Texas Labor Code Section 21.203 - Alternative Dispute Resolution; Office
  (a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising ...
• Texas Labor Code Section 21.204 - Investigation By Commission
  (a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is ...
• Texas Labor Code Section 21.205 - Lack Of Reasonable Cause; Dismissal Of Complaint
  (a) If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged ...
• Texas Labor Code Section 21.206 - Determination Of Reasonable Cause; Review By Panel
  (a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in ...
• Texas Labor Code Section 21.207 - Resolution By Informal Methods
  (a) If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal ...
• Texas Labor Code Section 21.208 - Notice Of Dismissal Or Unresolved Complaint
  If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint ...
• Texas Labor Code Section 21.210 - Temporary Injunctive Relief
  (a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to ...
• Texas Labor Code Section 21.211 - Election Of Remedies
  A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other ...
• Texas Labor Code Section 21.251 - Civil Action By Commission
  (a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the ...
• Texas Labor Code Section 21.252 - Notice Of Complainant's Right To File Civil Action
  (a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a ...
• Texas Labor Code Section 21.253 - Expedited Notice Of Complainant's Right To File Civil Action
  (a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed ...
• Texas Labor Code Section 21.254 - Civil Action By Complainant
  Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action ...
• Texas Labor Code Section 21.255 - Commission's Intervention In Civil Action By Complainant
  After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if: (1) the ...
• Texas Labor Code Section 21.256 - Statute Of Limitations
  A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is ...
• Texas Labor Code Section 21.257 - Assignment To Early Hearing
  The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 21.258 - Injunction; Equitable Relief
  (a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may: (1) prohibit by injunction the ...
• Texas Labor Code Section 21.2585 - Compensatory And Punitive Damages
  (a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this ...
• Texas Labor Code Section 21.259 - Attorney's Fees; Costs
  (a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of ...
• Texas Labor Code Section 21.260 - Relief For Disabled Employee Or Applicant
  If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost ...
• Texas Labor Code Section 21.261 - Compelled Compliance
  If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or ...
• Texas Labor Code Section 21.262 - Trial De Novo
  (a) A judicial proceeding under this chapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on ...
• Texas Labor Code Section 21.301 - Recordkeeping; Reports
  A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep ...
• Texas Labor Code Section 21.302 - Records; Training Program
  The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program: ...
• Texas Labor Code Section 21.303 - Conformity To Federal Law
  A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c). ...
• Texas Labor Code Section 21.304 - Confidentiality Of Records
  An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except as necessary to ...
• Texas Labor Code Section 21.305 - Access To Commission Records
  (a) The commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to commission records relating to the complaint. ...
• Texas Labor Code Section 21.306 - Subpoena Of Record Or Report
  (a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report ...
• Texas Labor Code Section 21.401 - Definitions
  In this subchapter: (1) "DNA" means deoxyribonucleic acid. (2) "Family health history" means a history taken by a physician or genetic professional to ascertain genetic ...
• Texas Labor Code Section 21.402 - Discriminatory Use Of Genetic Information Prohibited
  (a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect ...
• Texas Labor Code Section 21.403 - Confidentiality Of Genetic Information
  (a) Except as provided by Section 21.4031, genetic information is confidential and privileged regardless of the source of the information. (b) A person who holds ...
• Texas Labor Code Section 21.4031 - Exceptions To Confidentiality
  (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization required under Section 21.4032 if the disclosure is: ...
• Texas Labor Code Section 21.4032 - Authorized Disclosure
  An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: ...
• Texas Labor Code Section 21.404 - Disclosure Of Test Results To Individual Tested
  An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual, ...
• Texas Labor Code Section 21.405 - Destruction Of Sample Material; Exceptions
  A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was ...
• Texas Labor Code Section 21.451 - Definition
  In this subchapter, "state agency" does not include a public junior college as defined by Section 61.003, Education Code. Added by Acts 1999, 76th Leg., ...
• Texas Labor Code Section 21.452 - Development And Implementation Of Personnel Policies And Procedures
  Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity ...
• Texas Labor Code Section 21.453 - Review
  (a) The commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures ...
• Texas Labor Code Section 21.454 - Compliance Report
  Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and ...
• Texas Labor Code Section 21.455 - Reimbursement; Audit
  (a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review ...
• Texas Labor Code Section 21.456 - Failure To Comply With Subchapter; Administrative Penalty
  (a) If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller. ...
• Texas Labor Code Section 21.501 - Workforce Analysis
  Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by ...
• Texas Labor Code Section 21.502 - Recruitment Plan
  Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies, ...
• Texas Labor Code Section 21.503 - Effect On Remedies Under Other Laws
  This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has ...
• Texas Labor Code Section 21.504 - Annual Report
  Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, ...
• Texas Labor Code Section 21.551 - Definition
  In this subchapter, "racial and ethnic group" means Caucasian American, African American, or Hispanic American. Added by Acts 1999, 76th Leg., ch. 872, § 15, ...
• Texas Labor Code Section 21.552 - Equal Employment Opportunity Report Required
  (a) Not later than November 1 of each year, each state agency shall report equal employment opportunity information for the preceding fiscal year to the ...
• Texas Labor Code Section 21.553 - Cooperation With Comptroller And Uniform Statewide Accounting System; Report To Legislature
  (a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting ...
• Texas Labor Code Section 21.554 - Form
  Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report ...
• Texas Labor Code Section 21.555 - Failure To File Required Report; Administrative Penalty
  (a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination ...
• Texas Labor Code Section 21.556 - Required Compliance Training For State Agencies
  (a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, ...
• Texas Labor Code Section 22.001 - Definitions
  In this chapter: (1) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that results ...
• Texas Labor Code Section 22.002 - Discrimination Prohibited
  An employer may not discharge or in any other manner discriminate against an employee who leaves the employee's place of employment to participate in a ...
• Texas Labor Code Section 22.003 - Liability; Reinstatement
  (a) An employer who violates Section 22.002 is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of ...
• Texas Labor Code Section 22.004 - Exemption; Emergency Services Personnel
  (a) Section 22.002 does not apply to individuals employed as emergency services personnel if the employer provides adequate emergency shelter for those individuals. (b) This ...
• Texas Labor Code Section 51.001 - Purpose
  The purpose of this chapter is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's ...
• Texas Labor Code Section 51.002 - Definitions
  In this chapter: (1) "Child" means an individual under 18 years of age. (2) "Commission" means the Texas Workforce Commission. (3) "Delivery of newspapers" means ...
• Texas Labor Code Section 51.003 - General Exemptions
  (a) This chapter does not apply to employment of a child: (1) employed: (A) in a nonhazardous occupation; (B) under the direct supervision of the ...
• Texas Labor Code Section 51.011 - Minimum Age
  Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age. Acts 1993, 73rd ...
• Texas Labor Code Section 51.012 - Performer Exemption
  The commission by rule may authorize the employment of children under 14 years of age as performers in a motion picture or a theatrical, radio, ...
• Texas Labor Code Section 51.013 - Hours Of Employment; Hardship Exemption
  (a) A person commits an offense if the person permits a child who is 14 or 15 years of age and who is employed by ...
• Texas Labor Code Section 51.014 - Hazardous Occupations
  (a) The commission by rule shall declare an occupation to be hazardous if: (1) the occupation has been declared to be hazardous by an agency ...
• Texas Labor Code Section 51.0145 - Use Of Child For Sales And Solicitation
  (a) For purposes of this section: (1) "Exempt organization" means: (A) a charitable organization, as defined by Section 84.003, Civil Practice and Remedies Code; (B) ...
• Texas Labor Code Section 51.015 - Operation Of Motor Vehicle For Certain Commercial Purposes
  (a) An occupation that involves the operation of a motor vehicle by a child for a commercial purpose is not a hazardous occupation under this ...
• Texas Labor Code Section 51.021 - Inspection; Collection Of Information
  (a) The commission, or a person designated by the commission, may, during working hours: (1) inspect a place where there is good reason to believe ...
• Texas Labor Code Section 51.022 - Certificate Of Age
  (a) A child who is at least 14 years of age may apply to the commission for a certificate of age that states the date ...
• Texas Labor Code Section 51.023 - Rulemaking
  The commission may adopt rules necessary to promote the purpose of this chapter but may not adopt a rule permitting the employment of a child ...
• Texas Labor Code Section 51.024 - Powers Of Commission; Penalty
  (a) The commission may require reports, conduct investigations, and take other action it considers necessary to implement this chapter. (b) In the discharge of the ...
• Texas Labor Code Section 51.031 - Offense; Penalty
  (a) Except as provided by Subsection (b), an offense under this chapter is a Class B misdemeanor. (b) An offense under Section 51.014(d) or Section ...
• Texas Labor Code Section 51.032 - Defense To Prosecution
  It is a defense to prosecution of a person employing a child who does not meet the minimum age requirement for a type of employment ...
• Texas Labor Code Section 51.033 - Administrative Penalty
  (a) If the commission determines that a person who employs a child has violated this chapter or a rule adopted under this chapter, the commission ...
• Texas Labor Code Section 51.034 - Injunction: Attorney General's Action
  The attorney general may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this chapter relating to the ...
• Texas Labor Code Section 51.041 - Definition
  In this subchapter, "asset" means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. Added by Acts ...
• Texas Labor Code Section 51.042 - Notice Of Delinquency
  (a) If, under a final order, a person is determined to be delinquent in the payment of any amount, including penalties, interest, or other amounts ...
• Texas Labor Code Section 51.043 - Duties Of Notice Recipient
  (a) On receipt of a notice under Section 51.042, the person receiving the notice: (1) shall advise the commission not later than the 20th day ...
• Texas Labor Code Section 51.044 - Levy
  (a) At any time during the 60-day period provided by Section 51.043(a)(2), the commission may levy on the asset or debt by delivery of a ...
• Texas Labor Code Section 51.045 - Notice Effect
  A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, and debts involving the ...
• Texas Labor Code Section 51.046 - Discharge Of Liability
  A person acting in accordance with the terms of a notice issued by the commission under this subchapter is discharged from any obligation or liability ...
• Texas Labor Code Section 52.001 - Retail Employer
  (a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is ...
• Texas Labor Code Section 52.002 - Employer Formerly Subject To Saturday/Sunday Closing Law
  An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article ...
• Texas Labor Code Section 52.003 - Offense; Penalty; Defense
  (a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class C misdemeanor. (c) It ...
• Texas Labor Code Section 52.011 - Prohibition Of Certain Work By Foreign Crew; Penalty
  (a) A person commits an offense if the person: (1) is an officer or member of a crew of a foreign seagoing vessel; and (2) ...
• Texas Labor Code Section 52.021 - Minimum Length Of Hoe Handles
  (a) An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing ...
• Texas Labor Code Section 52.022 - Offense; Penalty
  (a) A person commits an offense if the person violates Section 52.021. (b) An offense under this section is a Class C misdemeanor. Acts 1993, ...
• Texas Labor Code Section 52.031 - Blacklisting Offense; Penalty
  (a) In this section, "blacklist" means to place on a book or list or publish the name of an employee of an individual, firm, company, ...
• Texas Labor Code Section 52.041 - Coercion Of Employee Trade; Penalty
  (a) A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to: ...
• Texas Labor Code Section 52.051 - Penalizing Employee For Compliance With Subpoena
  (a) An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in ...
• Texas Labor Code Section 61.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Workforce Commission. (2) "Day" means a calendar day. (3) "Employee" means an individual who is employed by ...
• Texas Labor Code Section 61.002 - Commission Duties
  (a) The commission shall: (1) administer this chapter; and (2) adopt rules as necessary to implement this chapter. (b) The commission may require reports, conduct ...
• Texas Labor Code Section 61.003 - Governmental Entities Excluded
  This chapter does not apply to the United States, this state, or a political subdivision of this state. Acts 1993, 73rd Leg., ch. 269, § ...
• Texas Labor Code Section 61.004 - Payment Of Certain Fees For Service Of Process
  Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the fees assessed by a sheriff or constable for service ...
• Texas Labor Code Section 61.005 - Effect Of Refusal To Obey Commission Subpoena; Criminal Penalty
  (a) In the case of contumacy or other refusal by a person to obey a subpoena issued by the commission or an authorized representative of ...
• Texas Labor Code Section 61.011 - Paydays
  (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 ...
• Texas Labor Code Section 61.012 - Designation Of Paydays; Notice
  (a) An employer shall designate paydays in accordance with Section 61.011. (b) If an employer fails to designate paydays, the employer's paydays are the first ...
• Texas Labor Code Section 61.013 - Payment Other Than On Payday
  An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another ...
• Texas Labor Code Section 61.014 - Payment After Termination Of Employment
  (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee ...
• Texas Labor Code Section 61.015 - Payment Of Commissions And Bonuses
  (a) Wages paid on commission and bonuses are due according to the terms of: (1) an agreement between the employee and employer; or (2) an ...
• Texas Labor Code Section 61.016 - Form Of Payment
  (a) An employer shall pay wages to an employee: (1) in United States currency; (2) by a written instrument issued by the employer that is ...
• Texas Labor Code Section 61.017 - Delivery Of Payment
  (a) An employer shall pay wages through a means authorized by this section. (b) An employer may pay wages by: (1) delivering them to the ...
• Texas Labor Code Section 61.018 - Deduction From Wages
  An employer may not withhold or divert any part of an employee's wages unless the employer: (1) is ordered to do so by a court ...
• Texas Labor Code Section 61.019 - Failure To Pay Wages; Criminal Penalty
  (a) An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to ...
• Texas Labor Code Section 61.020 - Failure To Pay Wages; Attorney General Action
  The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. Acts ...
• Texas Labor Code Section 61.031 - Bond
  (a) The commission may require an employer to deposit a bond if: (1) the employer is convicted of two violations of this chapter; or (2) ...
• Texas Labor Code Section 61.032 - Suit To Enforce Bond Requirement
  (a) If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made ...
• Texas Labor Code Section 61.033 - Failure Of Surety Company To Pay Verified Claim For Wages; Civil Penalty
  (a) A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified ...
• Texas Labor Code Section 61.051 - Filing Wage Claim
  (a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this ...
• Texas Labor Code Section 61.052 - Preliminary Wage Determination Order
  (a) An examiner employed by the commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this ...
• Texas Labor Code Section 61.0525 - Establishment Of Wage Claim Appeal Tribunals
  (a) The commission shall establish one or more impartial wage claim appeal tribunals to hear and decide disputed wage claims if the commission determines that ...
• Texas Labor Code Section 61.053 - Bad Faith; Administrative Penalty
  (a) If the commission examiner, a wage claim appeal tribunal, or the commission determines that an employer acted in bad faith in not paying wages ...
• Texas Labor Code Section 61.054 - Request For Hearing On Preliminary Order
  (a) Either party may request a hearing before a wage claim appeal tribunal to appeal a preliminary wage determination order made under Section 61. 052. ...
• Texas Labor Code Section 61.055 - Preliminary Order Final If Hearing Not Requested
  If neither party requests a hearing to appeal a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final ...
• Texas Labor Code Section 61.056 - Payment Required If Hearing Not Requested
  (a) An employer that does not request a hearing within the period prescribed by Section 61.054 to appeal a preliminary wage determination order shall pay ...
• Texas Labor Code Section 61.057 - Notice; Time For Hearing
  (a) A notice regarding an administrative hearing conducted under this subchapter must be mailed by the wage claim appeal tribunal not later than the 21st ...
• Texas Labor Code Section 61.058 - Hearing Procedures
  (a) A hearing conducted under this subchapter is subject to the rules and hearings procedures used by the commission in the determination of a claim ...
• Texas Labor Code Section 61.059 - Consideration Of Preliminary Wage Determination Order
  The wage claim appeal tribunal may modify, affirm, or rescind a preliminary wage determination order. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. ...
• Texas Labor Code Section 61.060 - Order After Hearing
  After a hearing, the wage claim appeal tribunal shall enter a written order for the payment of wages that the tribunal determines to be due ...
• Texas Labor Code Section 61.061 - Notice And Finality Of Order
  (a) The wage claim appeal tribunal shall mail to each party to the appeal notice of: (1) the decision; (2) the amount of wages subject ...
• Texas Labor Code Section 61.0611 - Removal Or Transfer Of Claim Pending Before Wage Claim Appeal Tribunal
  (a) The commission by order may remove to itself or transfer to another wage claim appeal tribunal the proceedings on a wage claim pending before ...
• Texas Labor Code Section 61.0612 - Commission Review Of Wage Claim Appeal Tribunal Order
  The commission may: (1) on its own motion: (A) affirm, modify, or set aside an order issued under Section 61.061 on the basis of the ...
• Texas Labor Code Section 61.0613 - Notice Of Commission Action
  (a) The commission shall mail to each party to the appeal under Section 61.0612 notice of: (1) the commission's decision; (2) the amount of wages ...
• Texas Labor Code Section 61.0614 - Finality Of Commission Order
  An order of the commission becomes final 14 days after the date the order is mailed unless before that date: (1) the commission by order ...
• Texas Labor Code Section 61.062 - Judicial Review
  (a) A party who has exhausted the party's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal ...
• Texas Labor Code Section 61.063 - Payment To Commission; Escrow Pending Review; Waiver
  (a) Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall: ...
• Texas Labor Code Section 61.064 - Payment To Employee
  Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the ...
• Texas Labor Code Section 61.065 - Deposit Of Penalty
  The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. Acts 1993, ...
• Texas Labor Code Section 61.066 - Commission Action; Enforcement Of Order
  (a) The commission, in the name of the state and the attorney general, may: (1) bring a suit in a district court in Travis County ...
• Texas Labor Code Section 61.067 - Reciprocal Collection Arrangements
  The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that ...
• Texas Labor Code Section 61.081 - Creation And Attachment Of Lien
  (a) A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is ...
• Texas Labor Code Section 61.082 - Enforcement Of Lien
  (a) Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter. (b) In administering and enforcing the ...
• Texas Labor Code Section 61.0825 - Priority Of Lien
  A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem ...
• Texas Labor Code Section 61.083 - Filing; Fee
  (a) A lien under this subchapter may be recorded in the book entitled "State Tax Liens" kept by the county clerk as provided by Section ...
• Texas Labor Code Section 61.084 - Release Of Lien
  (a) A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien. ...
• Texas Labor Code Section 61.085 - Assignment Of Lien
  A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. Added by Acts 1995, 74th Leg., ch. ...
• Texas Labor Code Section 61.091 - Notice Of Delinquency
  (a) If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under ...
• Texas Labor Code Section 61.092 - Duties Of Notice Recipient
  (a) On receipt of a notice under this subchapter, the person receiving the notice: (1) shall advise the commission not later than the 20th day ...
• Texas Labor Code Section 61.093 - Levy
  (a) At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a ...
• Texas Labor Code Section 61.094 - Notice Effect
  A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, or debts involving the ...
• Texas Labor Code Section 61.095 - Discharge Of Liability
  A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability ...
• Texas Labor Code Section 62.001 - Short Title
  This chapter may be cited as the Texas Minimum Wage Act. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 62.002 - Definitions
  In this chapter, unless the context requires a different definition: (1) "Agricultural piece rate worker" means a person: (A) who is employed as a hand ...
• Texas Labor Code Section 62.003 - Earnings Statement
  (a) At the end of each pay period, an employer shall give each employee a written earnings statement covering the pay period. (b) An earnings ...
• Texas Labor Code Section 62.004 - Provision Of Information
  The commission shall provide information to the public about this chapter to ensure that both employers and employees in this state are fully aware of: ...
• Texas Labor Code Section 62.005 - Collective Bargaining Not Impaired
  This chapter does not interfere with or in any way diminish the right of employees to bargain collectively with their employer through representatives chosen by ...
• Texas Labor Code Section 62.051 - Minimum Wage
  Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of ...
• Texas Labor Code Section 62.0515 - Application Of Minimum Wage To Certain Governmental Entities; Certain Agreements With Governmental Entities
  (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter ...
• Texas Labor Code Section 62.052 - Tipped Employees
  (a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a ...
• Texas Labor Code Section 62.053 - Cost Of Meals Or Lodging
  In computing the wage paid to an employee, an employer may include the reasonable cost to the employer of furnishing meals, lodging, or both to ...
• Texas Labor Code Section 62.054 - Certain Employees Subject To Call
  An employer may not be required to pay an employee who lives on the premises of a business and who is assigned certain working hours ...
• Texas Labor Code Section 62.057 - Patients And Clients Of Texas Department Of Mental Health And Mental Retardation
  (a) A person may be compensated for services rendered to the Texas Department of Mental Health and Mental Retardation or a department facility at a ...
• Texas Labor Code Section 62.101 - Definition.
  In this subchapter, "commissioner" means the commissioner of agriculture. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 62.102 - Minimum Wage For Agricultural Piece Rate Workers
  (a) A person employed as an agricultural piece rate worker to harvest a commodity for which a piece rate has been established by the commissioner ...
• Texas Labor Code Section 62.103 - Piece Rate Determined By Commissioner
  (a) The commissioner shall determine a piece rate for each agricultural commodity that is commercially produced in substantial quantity in this state. (b) For each ...
• Texas Labor Code Section 62.104 - Collection Of Information
  (a) The commissioner shall collect sufficient information about the actual productivity of hand harvesters of agricultural commodities in this state to reasonably determine a piece ...
• Texas Labor Code Section 62.105 - Computation Of Piece Rate
  (a) From the information collected under Section 62.104, the average hourly productivity of hand harvest laborers for each agricultural commodity commercially produced in substantial quantity ...
• Texas Labor Code Section 62.106 - Hearings
  (a) Before issuing an order establishing a piece rate, the commissioner or a person designated by the commissioner shall hold a public hearing at which ...
• Texas Labor Code Section 62.107 - Order Establishing Piece Rate
  (a) An order of the commissioner establishing or modifying a piece rate may not take effect before the 31st day after the date the order ...
• Texas Labor Code Section 62.108 - Rules
  The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings. Acts 1993, 73rd ...
• Texas Labor Code Section 62.109 - Appeal Of Commissioner's Decision
  (a) Unless set aside by a judgment of a court of competent jurisdiction, the commissioner's decision establishing a piece rate is final and binding on ...
• Texas Labor Code Section 62.110 - Change In Piece Rate
  A new piece rate may be established for a commodity in the manner provided for the establishment of an initial piece rate at any time ...
• Texas Labor Code Section 62.111 - Annual Review Of Piece Rates
  The commissioner shall review each piece rate at least annually and shall determine if a new piece rate is needed. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 62.112 - Piece Rate For Certain Commodities Prohibited
  (a) A piece rate may not be established for harvesting of a commodity if, in the commissioner's judgment: (1) sufficient information is not available for ...
• Texas Labor Code Section 62.113 - Application To Direct Employment And Contract Labor
  This subchapter applies to: (1) a person directly employed by an owner, operator, or manager of a farm; and (2) a person whose services to ...
• Texas Labor Code Section 62.114 - Suspension Of Piece Rate
  The commissioner by order may suspend a piece rate in a specified area for not more than 30 days in an emergency caused by: (1) ...
• Texas Labor Code Section 62.151 - Person Covered By Federal Act
  This chapter and a municipal ordinance or charter provision governing wages in private employment, other than wages under a public contract, do not apply to ...
• Texas Labor Code Section 62.152 - Employment By Religious, Educational, Charitable, Or Nonprofit Organization
  An employer is exempt from this chapter with respect to the employment of a person who is: (1) a member of a religious order while ...
• Texas Labor Code Section 62.153 - Employment Of Certain Professionals, Salespersons, And Public Officials
  An employer is exempt from this chapter with respect to the employment of a person: (1) employed in a bona fide executive, administrative, or professional ...
• Texas Labor Code Section 62.154 - Domestic Employment
  An employer is exempt from this chapter with respect to the employment of a person who: (1) performs domestic services in or about a private ...
• Texas Labor Code Section 62.155 - Employment Of Certain Youths And Students
  An employer is exempt from this chapter with respect to the employment of a person who: (1) is less than 18 years of age and ...
• Texas Labor Code Section 62.156 - Employment Of Inmates
  An employer is exempt from this chapter with respect to the employment of a person who performs services while imprisoned in the institutional division of ...
• Texas Labor Code Section 62.157 - Employment Of Certain Family Members
  An employer is exempt from this chapter with respect to employment of the employer's brother, sister, brother-in-law, sister-in-law, child, spouse, parent, son-in-law, daughter-in-law, ward, or ...
• Texas Labor Code Section 62.158 - Certain Amusement And Recreational Establishments
  An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that: (1) does not operate for more than ...
• Texas Labor Code Section 62.159 - Certain Employers Not Contributing To Unemployment Compensation Fund; Certificate
  (a) An employer that is not liable for payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, is exempt from this ...
• Texas Labor Code Section 62.160 - Agricultural Exemptions
  (a) An employer is exempt from this chapter with respect to employment of a person in dairy farming. (b) Sections 62.051-62.054 and Subchapter C do ...
• Texas Labor Code Section 62.161 - Sheltered Workshops
  A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those ...
• Texas Labor Code Section 62.201 - Civil Penalty
  An employer who violates Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable to an affected employee in the amount of the unpaid ...
• Texas Labor Code Section 62.202 - Limitations
  An action to recover a liability imposed by this subchapter must be brought not later than the second anniversary of the date on which the ...
• Texas Labor Code Section 62.203 - Plaintiffs
  (a) An action to recover a liability under this subchapter may be brought by an employee for that employee and other similarly affected employees. (b) ...
• Texas Labor Code Section 62.204 - Required Findings
  At the trial of an action brought under this subchapter, the plaintiff recovers if the jury or the court finds from a preponderance of the ...
• Texas Labor Code Section 62.205 - Attorney's Fees; Costs
  In addition to a judgment awarded to the plaintiff, the court shall allow reasonable attorney's fees and costs of the action to be paid by ...
• Texas Labor Code Section 63.001 - Assignment Of Unearned Wages; Notice Required
  An employee's assignment of the employee's wages or a salary is not effective against the employee's employer in any suit for wages or salaries that ...
• Texas Labor Code Section 63.002 - Exemption
  This chapter does not affect Section 22.002, Education Code. Added by Acts 1995, 74th Leg., ch. 76, § 9.17(a), eff. Sept. 1, 1995. Amended by ...
• Texas Labor Code Section 64.001 - Definitions
  In this chapter: (1) "Employer's evidence of indebtedness" means an instrument, other than money, used by a person to pay an employee or laborer of ...
• Texas Labor Code Section 64.002 - Redemption Of Evidence Of Indebtedness
  (a) A person who uses an employer's evidence of indebtedness shall, on the demand for redemption and presentation of the employer's evidence of indebtedness by ...
• Texas Labor Code Section 64.003 - Action To Enforce Redemption; Penalty
  (a) A holder who under Section 64.002 presents an employer's evidence of indebtedness and demands redemption is entitled, if the person using the employer's evidence ...
• Texas Labor Code Section 81.001 - Definitions
  In this chapter: (1) "Clearinghouse" means the Work and Family Policies Clearinghouse. (2) "Commission" means the Texas Workforce Commission. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 81.003 - Work And Family Policies Clearinghouse
  The Work and Family Policies Clearinghouse is within the commission. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 81.004 - Clearinghouse Powers And Duties
  (a) The clearinghouse shall provide technical assistance and information on dependent care and other employment-related family issues to public and private employers, state agencies, policymakers, ...
• Texas Labor Code Section 81.0045 - Dependent Care Grant Program
  (a) The clearinghouse may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects. (b) The clearinghouse ...
• Texas Labor Code Section 81.0046 - Promotion Of Employee Dependent Care Benefits
  In providing technical assistance and information under this chapter, the clearinghouse shall encourage employers to provide employee dependent care benefits by: (1) promoting the economic ...
• Texas Labor Code Section 81.005 - Deposit Of Materials
  Materials on employment-related family issues that are published by state agencies may be deposited with the clearinghouse for distribution to employers, job applicants, and other ...
• Texas Labor Code Section 81.007 - Rules
  The commission by rule may adopt procedures to implement functions under Sections 81.004 and 81.005. In adopting rules under this section, the commission shall consider ...
• Texas Labor Code Section 81.008 - Gifts, Grants, And Donations
  (a) The clearinghouse may accept a gift or grant from a public or private entity to fund any activity under this chapter. (b) The commission ...
• Texas Labor Code Section 82.001 - Definitions
  In this chapter: (1) "Employee benefit plan" includes: (A) a retirement benefits plan; (B) a death benefits plan; and (C) a savings plan. (2) "Employer" ...
• Texas Labor Code Section 82.002 - Discharge Of Liability
  (a) A payment or refund made by an employer or trustee under a written employee benefit plan to a person described by Subsection (b) fully ...
• Texas Labor Code Section 82.003 - Notice
  (a) The notice described by Section 82.002 must be received at: (1) the employer's principal place of business in this state, if given to an ...
• Texas Labor Code Section 82.004 - Corporation May Transfer Stock Ownership
  A corporation, the stock of which is a part of a payment or refund that is made as provided by Section 82.002, may accept the ...
• Texas Labor Code Section 82.005 - Limited Effect
  This chapter does not affect a claim or right to a payment or refund between persons other than: (1) an employer or trustee that makes ...
• Texas Labor Code Section 91.001 - Definitions
  In this chapter: (1) "Applicant" means a business entity applying for a license or the renewal of a license under this chapter. (2) "Assigned employee" ...
• Texas Labor Code Section 91.002 - Rules
  (a) The commission shall adopt rules as necessary to administer this chapter. (b) Each person who offers staff leasing services is subject to this chapter ...
• Texas Labor Code Section 91.003 - Interagency Cooperation
  (a) Each state agency that in performing duties under other law affects the regulation of staff leasing services shall cooperate with the department and other ...
• Texas Labor Code Section 91.004 - Effect Of Other Law On Clients And Employees
  (a) This chapter does not exempt a client of a license holder, or any assigned employee, from any other license requirements imposed under local, state, ...
• Texas Labor Code Section 91.005 - Application Of Certain Procurement Laws
  With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company's ...
• Texas Labor Code Section 91.006 - Workers' Compensation Coverage
  (a) A certificate of insurance coverage showing that a license holder maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage ...
• Texas Labor Code Section 91.007 - Application Of Labor Relations Laws
  This chapter does not relieve a client company of a right, obligation, or duty under: (1) Chapter 101; (2) the federal National Labor Relations Act ...
• Texas Labor Code Section 91.008 - Applicability Of Continuing Education Law
  Section 51.405, Occupations Code, does not apply to this chapter. Added by Acts 2003, 78th Leg., ch. 816, § 14.003, eff. Sept. 1, 2003. ...
• Texas Labor Code Section 91.011 - License Required
  A person may not engage in or offer staff leasing services in this state unless the person holds a license issued under this chapter. Added ...
• Texas Labor Code Section 91.012 - General License Requirements
  To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of ...
• Texas Labor Code Section 91.013 - Background Investigations
  (a) On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each ...
• Texas Labor Code Section 91.014 - Net Worth Requirements
  (a) An applicant for an original or renewal license must demonstrate a net worth as follows: (1) $50,000 if the applicant employs fewer than 250 ...
• Texas Labor Code Section 91.015 - License Application
  (a) To receive a staff leasing services company original license, a person shall file with the department a written application accompanied by the application fee. ...
• Texas Labor Code Section 91.016 - License Issuance; Term
  (a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify ...
• Texas Labor Code Section 91.017 - Fees
  (a) Each applicant for an original or renewal staff leasing services company license shall pay to the department before the issuance of the license or ...
• Texas Labor Code Section 91.018 - License Not Assignable; Change Of Name Or Location
  (a) A license holder may not conduct business under any name other than that specified in the license. A license issued under this chapter is ...
• Texas Labor Code Section 91.019 - Limited License
  (a) The commission by rule shall provide for the issuance of a limited license to a person who seeks to offer limited staff leasing services ...
• Texas Labor Code Section 91.020 - Grounds For Disciplinary Action
  The department may take disciplinary action against a license holder on any of the following grounds: (1) engaging in staff leasing services or offering to ...
• Texas Labor Code Section 91.031 - Agreement; Notice
  (a) A license holder shall establish the terms of a staff leasing services agreement by a written contract between the license holder and the client ...
• Texas Labor Code Section 91.032 - Contract Requirements
  (a) A contract between a license holder and a client company must provide that the license holder: (1) shares, as provided by Subsection (b), with ...
• Texas Labor Code Section 91.041 - Employee Benefit Plans; Required Disclosure; Other Reports
  (a) A license holder may sponsor and maintain employee benefit plans for the benefit of assigned employees. A client company may include assigned employees in ...
• Texas Labor Code Section 91.042 - Workers' Compensation Insurance
  (a) A license holder may elect to obtain workers' compensation insurance coverage for the license holder's assigned employees through an insurance company as defined under ...
• Texas Labor Code Section 91.043 - Health Benefit Plans
  (a) A license holder may not sponsor a plan of self-insurance for health benefits except as permitted by the Employee Retirement Income Security Act of ...
• Texas Labor Code Section 91.044 - Unemployment Taxes; Payroll
  (a) A license holder is the employer of an assigned employee for purposes of Subtitle A, Title 4, and, except for wages subject to Section ...
• Texas Labor Code Section 91.045 - Posting Requirements
  (a) Each license holder shall post in a conspicuous place in the license holder's principal place of business in this state the license issued under ...
• Texas Labor Code Section 91.046 - Contractual Duties
  Each license holder is responsible for the license holder's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for: (1) insurance premiums; ...
• Texas Labor Code Section 91.047 - Compliance With Other Laws
  Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. Added by ...
• Texas Labor Code Section 91.048 - Required Information
  Each license holder shall: (1) maintain adequate books and records regarding the license holder's duties and responsibilities; (2) maintain and make available at all times ...
• Texas Labor Code Section 91.049 - Agent For Service Of Process
  Each license holder shall maintain a registered agent for the service of process in this state. Added by Acts 1995, 74th Leg., ch. 76, § ...
• Texas Labor Code Section 91.061 - Prohibited Acts
  A person may not: (1) engage in or offer staff leasing services without holding a license under this chapter as a staff leasing services company; ...
• Texas Labor Code Section 91.062 - Action By Attorney General
  (a) The executive director may notify the attorney general of a violation of this chapter. The attorney general may apply to a district court in ...
• Texas Labor Code Section 91.063 - Criminal Penalty
  (a) A person who violates Section 91.061 commits an offense. (b) An offense under this section is a Class A misdemeanor. Added by Acts 1995, ...
• Texas Labor Code Section 92.001 - Purpose
  (a) The legislature finds that this chapter is necessary to: (1) provide for the health, safety, and welfare of workers throughout this state; and (2) ...
• Texas Labor Code Section 92.002 - Definitions
  In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) Repealed by Acts 2003, 78th Leg., ch. 816, § 16.004(1). (3) ...
• Texas Labor Code Section 92.003 - Agency Powers And Duties
  The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code. Added by ...
• Texas Labor Code Section 92.004 - Applicability Of Other Law
  Section 51.405, Occupations Code, does not apply to this chapter. Added by Acts 2003, 78th Leg., ch. 816, § 16.002, eff. Sept. 1, 2003. ...
• Texas Labor Code Section 92.011 - License Required
  A person may not operate as a temporary common worker employer in this state unless the person holds a license issued under this chapter for ...
• Texas Labor Code Section 92.012 - Exemptions From Licensing Requirement
  This chapter does not apply to: (1) a temporary skilled labor agency; (2) a staff leasing services company; (3) an employment counselor; (4) a talent ...
• Texas Labor Code Section 92.013 - Effect Of Other Regulation
  (a) Except as provided by Subsection (b), a license issued under this chapter supersedes a license required or issued by a municipality or other governmental ...
• Texas Labor Code Section 92.014 - License Application And Issuance
  (a) The department shall issue a temporary common worker employer license to a person who meets the application requirements established by the executive director and ...
• Texas Labor Code Section 92.015 - License Renewal
  (a) A license issued under this chapter is valid for one year from the date of issuance and may be renewed on payment of the ...
• Texas Labor Code Section 92.021 - License Holder As Employer
  (a) Each license holder is the employer of the common workers provided by that license holder. (b) A license holder may hire, reassign, control, direct, ...
• Texas Labor Code Section 92.022 - Required Records; Confidentiality
  (a) Each license holder shall maintain and make available to a representative of the department records that show for each common worker provided by the ...
• Texas Labor Code Section 92.023 - Posting Of Certain Information
  (a) Each license holder shall post the license for a place of business at which the license holder operates as a temporary common worker employer ...
• Texas Labor Code Section 92.024 - Labor Hall Requirements
  A license holder that operates a labor hall as part of a licensed premises shall provide adequate facilities for a worker waiting for a job ...
• Texas Labor Code Section 92.025 - Certain Charges And Deductions Prohibited
  (a) A license holder may not charge a common worker for: (1) safety equipment, clothing, or accessories required by the nature of the work, either ...
• Texas Labor Code Section 92.031 - Criminal Penalty
  (a) A person commits an offense if the person knowingly or intentionally violates: (1) this chapter; (2) a rule adopted under this chapter; or (3) ...
• Texas Labor Code Section 93.001 - Definitions
  In this chapter: (1) "Temporary employee" means an individual hired for a temporary employment service. (2) "Temporary employment service" means a person who employs individuals ...
• Texas Labor Code Section 93.002 - Prohibition
  A temporary employment service may not deny an application for, or placement in, a position of employment to an individual for the sole reason that ...
• Texas Labor Code Section 93.003 - No Cause Of Action
  This chapter does not create a private cause of action for any person or class of persons. Added by Acts 1997, 75th Leg., ch. 574, ...
• Texas Labor Code Section 101.001 - Right To Organize
  All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in ...
• Texas Labor Code Section 101.002 - Right To Influence Another Regarding Employment
  (a) A person by peaceful and lawful means may induce or attempt to induce another to: (1) enter or refuse to enter a particular employment; ...
• Texas Labor Code Section 101.003 - Right To Bargain
  A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not ...
• Texas Labor Code Section 101.004 - Contract For Withholding Union Dues From Employee's Compensation Void Without Employee's Consent
  A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a ...
• Texas Labor Code Section 101.051 - Definition
  In this subchapter, "labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons ...
• Texas Labor Code Section 101.052 - Denial Of Employment Based On Labor Union Membership Prohibited
  A person may not be denied employment based on membership or nonmembership in a labor union. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 101.053 - Contract Requiring Or Prohibiting Labor Union Membership Void
  A contract is void if it requires that, to work for an employer, employees or applicants for employment: (1) must be or may not be ...
• Texas Labor Code Section 101.101 - Definitions
  In this subchapter: (1) "Enforcement officer" means the attorney general, district attorney, or county attorney. (2) "Labor organizer" means a person who for a financial ...
• Texas Labor Code Section 101.102 - Legislative Findings; Policy
  (a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost ...
• Texas Labor Code Section 101.103 - Liberal Construction
  (a) This subchapter shall be liberally construed to: (1) achieve the purposes provided by Section 101.102; and (2) protect the rights of working persons to ...
• Texas Labor Code Section 101.104 - Method Of Election Of Officers, Agents, Organizers, And Representatives
  (a) An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present ...
• Texas Labor Code Section 101.105 - Annual Election Of Officers, Agents, Organizers, And Representatives
  An election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108. Acts ...
• Texas Labor Code Section 101.106 - Notice Of Election
  Except as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105. The notice ...
• Texas Labor Code Section 101.107 - Results Of Election
  The results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the ...
• Texas Labor Code Section 101.108 - Certain Unions Excepted
  Sections 101.104-101.107 do not apply to a union that: (1) under its constitution, bylaws, or other organization rules, held its elections for officers and representatives ...
• Texas Labor Code Section 101.109 - Certain Persons Prohibited From Holding Office
  (a) A person may not serve as a labor union officer or as a labor organizer if the person: (1) is an alien; or (2) ...
• Texas Labor Code Section 101.110 - Labor Organizers; Organizer's Card
  (a) A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization. (b) An ...
• Texas Labor Code Section 101.111 - Fee For Privilege To Work Prohibited
  (a) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly ...
• Texas Labor Code Section 101.112 - Excessive Fees Prohibited
  (a) A labor union or an officer, agent, or member of a labor union may not charge or receive initiation fees, dues, fines, or other ...
• Texas Labor Code Section 101.113 - Advance Fees
  (a) On payment in full by an applicant for labor union membership of all initiation fees or dues regularly assessed by the union, the union ...
• Texas Labor Code Section 101.114 - Fee Receipt Required
  A labor organizer or an officer, agent, or member of a labor union may not collect a fee, dues, or other sum in connection with ...
• Texas Labor Code Section 101.115 - Construction Of Fee Restrictions
  Sections 101.111, 101.113, and 101.114 may not be construed as preventing any type of bargaining agreement or limiting the bargaining power of a labor union. ...
• Texas Labor Code Section 101.116 - Member In Armed Forces
  A union member who, because of service with the United States armed forces, has been unable to pay any dues or assessment levied by a ...
• Texas Labor Code Section 101.117 - Reasonable Time For Decision On Membership Required
  A labor union may not refuse to give a person desiring membership in the union a reasonable time after obtaining the promise of employment in ...
• Texas Labor Code Section 101.118 - Expulsion Of Member
  (a) A labor union may not expel a union member without: (1) good cause; and (2) a fair and public hearing by and within the ...
• Texas Labor Code Section 101.119 - Records
  (a) Each labor union in this state shall keep accurate books of accounts that: (1) itemize each receipt from any source; (2) itemize each expenditure ...
• Texas Labor Code Section 101.120 - Reports
  A labor union required to file reports with the United States Secretary of Labor under Section 201, Labor-Management Reporting and Disclosure Act of 1959 (29 ...
• Texas Labor Code Section 101.121 - Civil Penalty
  A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $1,000 for each violation. The civil ...
• Texas Labor Code Section 101.122 - Enforcement By Civil Process
  (a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or ...
• Texas Labor Code Section 101.123 - Offense; Penalty
  (a) A labor union officer or a labor organizer commits an offense if the person violates a provision of this subchapter. (b) An offense under ...
• Texas Labor Code Section 101.124 - Enforcement Officers
  The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall: (1) prosecute all criminal proceedings under this subchapter; and ...
• Texas Labor Code Section 101.151 - Definition
  In this subchapter, "picketing" includes the stationing of a person for an organization to: (1) induce anyone not to enter the premises being picketed; (2) ...
• Texas Labor Code Section 101.152 - Mass Picketing Prohibited
  (a) A person may not engage in any form of picketing activity in which a picket constitutes any character of obstacle to the free ingress ...
• Texas Labor Code Section 101.153 - Use Of Insulting, Threatening, Or Obscene Language Prohibited
  A person may not, by use of insulting, threatening, or obscene language, interfere with or intimidate or seek to interfere with or intimidate another: (1) ...
• Texas Labor Code Section 101.154 - Picketing Intended To Secure Breach Of Labor Agreement Prohibited
  A person may not engage in picketing the purpose of which, directly or indirectly, is to secure the disregard or breach of a valid existing ...
• Texas Labor Code Section 101.155 - Declaration Or Publication Of Continuation Of Enjoined Picketing Prohibited
  A person may not declare or publicize the continued existence of actual or constructive picketing at a point or directed against a premises after a ...
• Texas Labor Code Section 101.156 - Offense; Penalty
  (a) A person commits an offense if the person violates Section 101.152, 101.153, 101.154, or 101.155. Each separate act of violation constitutes a separate offense. ...
• Texas Labor Code Section 101.201 - Secondary Picketing Prohibited
  (a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute ...
• Texas Labor Code Section 101.202 - Offense; Penalty
  (a) A person commits an offense if the person violates any provision of this subchapter. (b) An offense under this section is a misdemeanor punishable ...
• Texas Labor Code Section 101.203 - Civil Liability
  (a) A person who violates any provision of this subchapter is liable to a person damaged by the violation for the damages resulting from the ...
• Texas Labor Code Section 101.204 - Enforcement
  The state, acting through the attorney general or a district attorney or county attorney, may institute a suit in district court to enjoin a person ...
• Texas Labor Code Section 101.205 - Venue
  Venue for a suit or cause of action arising under this subchapter is in: (1) the county in which the violation is alleged to have ...
• Texas Labor Code Section 101.251 - Definitions
  In this subchapter: (1) "Labor organization" means any organization in which employees participate and that exists in whole or in part to deal with one ...
• Texas Labor Code Section 101.252 - Liability Of Labor Organization
  A labor organization whose members picket or strike against a person is liable for damages for a loss resulting to the person because of the ...
• Texas Labor Code Section 101.301 - Interference With Right To Work; Liability
  (a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other ...
• Texas Labor Code Section 101.302 - Injunctive Relief
  (a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter. (b) ...
• Texas Labor Code Section 101.303 - Assignment Of District Judge
  Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the ...
• Texas Labor Code Section 102.001 - Definition
  In this chapter, "board" means an arbitration board appointed under this chapter. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 102.002 - Dispute Resolution Through Arbitration
  (a) An employer and employees may submit a dispute or grievance resulting from the employer's and employees' work relationship to a board for a hearing ...
• Texas Labor Code Section 102.011 - Number Of Board Members
  A board established under this chapter must be composed of five members. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1. 1993. ...
• Texas Labor Code Section 102.012 - Employer Representation On Board
  The employer may designate two arbitrators to serve on the board. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 102.013 - Employee Representation On Board
  (a) In a dispute or grievance in which the affected employees are members in good standing of a labor organization: (1) if the organization is ...
• Texas Labor Code Section 102.014 - Chairman
  (a) The four arbitrators selected under Sections 102.012 and 102.013 shall designate a fifth arbitrator who serves as the chairman of the board. (b) If ...
• Texas Labor Code Section 102.015 - Board Secretary
  The board shall select one member to act as secretary for the board. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 102.016 - Arbitrator's Consent To Act
  (a) An arbitrator selected under this chapter must: (1) sign a form consenting to serve as an arbitrator; and (2) take and sign an oath ...
• Texas Labor Code Section 102.021 - Powers And Duties Of Board
  (a) A board may adopt and enforce rules to be followed at board hearings. (b) The board may set a schedule of sessions and adjournments. ...
• Texas Labor Code Section 102.022 - Chairman's Duties
  (a) The chairman of the board may: (1) administer oaths; and (2) issue subpoenas for the production of books and papers and the attendance of ...
• Texas Labor Code Section 102.023 - Issuance Of Subpoenas
  (a) The board's secretary shall sign each subpoena issued under this chapter. (b) The board may authorize a person of full age to serve a ...
• Texas Labor Code Section 102.031 - Employee Termination Restricted
  During the period that the arbitration is pending, an employer or receiver or an agent of the employer may not discharge an employee who is ...
• Texas Labor Code Section 102.032 - Prohibitions Against Strikes Or Boycotts
  (a) During the period that arbitration is pending, a labor organization that represents employees who are parties to the arbitration may not order or aid ...
• Texas Labor Code Section 102.041 - Written Submission Of Dispute Or Grievance
  (a) The question to be decided by the board must be submitted to the board in writing, signed by: (1) the employer or receiver; and ...
• Texas Labor Code Section 102.042 - Hearing; Notice
  (a) The board shall conduct a hearing not later than the 10th day after the agreement to arbitrate is filed. (b) Each party to the ...
• Texas Labor Code Section 102.051 - Arbitration Petition
  A board may submit a written petition signed by a majority of the board to a district judge in the county in which the dispute ...
• Texas Labor Code Section 102.052 - Court Order Required
  On receipt of a petition filed under Section 102.051, the judge shall issue an order establishing an arbitration board. The order shall refer the matter ...
• Texas Labor Code Section 102.053 - Filing Of Petition And Order
  The petition and the subsequent order or a copy of the petition and order shall be filed with the district clerk in the county in ...
• Texas Labor Code Section 102.061 - Surety Bond
  Before a board considers a dispute or grievance, each party shall file a bond in an amount set by the board and conditioned on the ...
• Texas Labor Code Section 102.062 - Board Member Expenses
  A member of the board is entitled to receive: (1) three dollars a day for each day of actual service on the board not to ...
• Texas Labor Code Section 102.063 - Reimbursement Of Witness
  A witness called by the board is entitled to receive: (1) 50 cents a day for each day's attendance; and (2) five cents a mile ...
• Texas Labor Code Section 102.064 - Fees
  (a) The board may charge fees and mileage paid under Sections 102.062 and 102.063 against either or both parties. (b) Fees and mileage charged against ...
• Texas Labor Code Section 102.071 - Termination Of Board's Power
  Except as provided by Section 102.072, a board's power ends on the determination of the grievance or dispute by the board. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 102.072 - Additional Dispute Or Grievance
  (a) If, at the time a board renders its determination, a similar grievance or dispute exists between the same class of persons for which a ...
• Texas Labor Code Section 102.073 - Copies Of Award; Issuance
  (a) The board shall issue three copies of the arbitration award. (b) The board shall: (1) file one copy of the award with the district ...
• Texas Labor Code Section 102.074 - Judgment On Award; Effective Date; Exception
  (a) Judgment shall be entered on an award made under this chapter and the award takes effect, unless a timely exception is filed, on the ...
• Texas Labor Code Section 102.075 - Appeals
  (a) Either party to an arbitration case decided by a district court may file an appeal of the district court's decision not later than the ...
• Texas Labor Code Section 103.001 - Purpose; Legislative Finding
  The legislature finds that the disclosure by an employer of truthful information regarding a current or former employee protects employment relationships and benefits the public ...
• Texas Labor Code Section 103.002 - Definitions
  In this chapter: (1) "Employee" means a person who performs services for an employer, whether or not for compensation. (2) "Employer" means a person who ...
• Texas Labor Code Section 103.003 - Authorized Disclosure; Application To Certain Employees
  (a) An employer may disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on ...
• Texas Labor Code Section 103.004 - Immunity From Civil Liability; Employer Representatives
  (a) An employer who discloses information about a current or former employee under Section 103.003 is immune from civil liability for that disclosure or any ...
• Texas Labor Code Section 103.005 - Employment Reference
  This chapter does not require an employer to provide an employment reference to or about a current or former employee. Added by Acts 1999, 76th ...
• Texas Labor Code Section 201.001 - Short Title
  This subtitle may be cited as the Texas Unemployment Compensation Act. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 201.011 - General Definitions
  In this subtitle: (1) "Base period" means: (A) the four consecutive completed calendar quarters, prescribed by the commission, in the five consecutive completed calendar quarters ...
• Texas Labor Code Section 201.012 - Definition Of Misconduct
  (a) "Misconduct" means mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or ...
• Texas Labor Code Section 201.021 - General Definition Of Employer
  (a) In this subtitle, "employer" means an employing unit that: (1) paid wages of $1,500 or more during a calendar quarter in the current or ...
• Texas Labor Code Section 201.022 - Effect Of Business Acquisition
  In this subtitle, "employer" also means an individual or employing unit that acquires or otherwise receives, through any means, all or part of the organization, ...
• Texas Labor Code Section 201.023 - Tax-Exempt Nonprofit Organization
  In this subtitle, "employer" also means an employing unit that: (1) is a nonprofit organization under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. ...
• Texas Labor Code Section 201.024 - Election To Be Employer
  In this subtitle, "employer" also means an employing unit that has elected to become an employer under Section 205.001, 205.002, 206.002, or 206.003. Acts 1993, ...
• Texas Labor Code Section 201.025 - Employer Under Federal Law
  In this subtitle, "employer" also means: (1) an employing unit that is liable for the payment of taxes under the Federal Unemployment Tax Act (26 ...
• Texas Labor Code Section 201.026 - State; Political Subdivision
  In this subtitle, "employer" also means a state, a political subdivision of a state, or an instrumentality of a state or political subdivision of a ...
• Texas Labor Code Section 201.027 - Employer Of Domestic Service Worker
  (a) In this subtitle, "employer" also means an employing unit that paid cash wages of $1,000 or more during a calendar quarter in the current ...
• Texas Labor Code Section 201.028 - Employer Of Farm And Ranch Laborer
  (a) In this subtitle, "employer" also means an employing unit that paid wages for, or employed individuals in, farm and ranch labor in accordance with ...
• Texas Labor Code Section 201.029 - Temporary Help Firm
  For purposes of this subtitle, a temporary help firm is the employer of an individual employed by the firm as a temporary employee. Added by ...
• Texas Labor Code Section 201.030 - Staff Leasing Services Company
  For the purposes of this subtitle, "staff leasing services company" has the meaning assigned by Section 91.001. Added by Acts 1997, 75th Leg., ch. 1379, ...
• Texas Labor Code Section 201.041 - General Definition Of Employment
  In this subtitle, "employment" means a service, including service in interstate commerce, performed by an individual for wages or under an express or implied contract ...
• Texas Labor Code Section 201.042 - Service Of Driver Or Salesman
  In this subtitle, "employment" includes service: (1) as an agent-driver or commission-driver who delivers a meat product, vegetable product, fruit product, bakery product, laundry, dry ...
• Texas Labor Code Section 201.043 - Location Of Service
  (a) In this subtitle, "employment" includes service performed in this state or in and outside this state if: (1) the service is localized in this ...
• Texas Labor Code Section 201.044 - Service Under Reciprocal Agreement
  In this subtitle, "employment" includes service that is performed by an individual and that is covered by a reciprocal agreement under this subtitle between the ...
• Texas Labor Code Section 201.045 - Service On Vessel Or Aircraft
  In this subtitle, "employment" includes service performed on or in connection with an American vessel or aircraft if: (1) the service is employment under Section ...
• Texas Labor Code Section 201.046 - Employment To Assist Employee Or Agent
  (a) An individual employed to perform or to assist in performing the work of an employee or agent of an employing unit is employed by ...
• Texas Labor Code Section 201.047 - Farm And Ranch Labor As Employment
  (a) Farm and ranch labor is employment for the purposes of this subtitle if the labor: (1) is performed by a seasonal worker employed on ...
• Texas Labor Code Section 201.048 - Service For Indian Tribe
  Except as provided by Sections 201.063 and 201.067, in this subtitle, "employment" includes service performed in the employ of an Indian tribe if the services ...
• Texas Labor Code Section 201.061 - Service Eligible Under Act Of Congress
  In this subtitle, "employment" does not include service for which unemployment compensation is payable under an unemployment compensation system established by an Act of Congress. ...
• Texas Labor Code Section 201.062 - Service Under Arrangement With Agency
  In this subtitle, "employment" does not include service under an arrangement that is between the commission and the agency that administers another state's or a ...
• Texas Labor Code Section 201.063 - Certain Government Service
  (a) In this subtitle, "employment" does not include: (1) service in the employ of a political subdivision or of an instrumentality of a political subdivision ...
• Texas Labor Code Section 201.064 - Domestic Service
  In this subtitle, "employment" does not include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, ...
• Texas Labor Code Section 201.065 - Service By Relative
  In this subtitle, "employment" does not include: (1) service of an individual in the employ of the individual's son, daughter, or spouse; or (2) service ...
• Texas Labor Code Section 201.066 - Religious Service
  In this subtitle, "employment" does not include: (1) service in the employ of: (A) a church; (B) a convention or association of churches; or (C) ...
• Texas Labor Code Section 201.067 - Rehabilitative Service; Work Relief; Exception For Services Performed By Certain Blind Individuals
  (a) In this subtitle, "employment" does not include service performed by an individual who: (1) receives rehabilitative work or paying work in the employ of ...
• Texas Labor Code Section 201.068 - Service In Hospital
  In this subtitle, "employment" does not include: (1) service as a student nurse who is: (A) employed by a hospital or a nurses' training school; ...
• Texas Labor Code Section 201.069 - Service Of Student
  In this subtitle, "employment" does not include: (1) service performed in the employ of a school, college, or university by a student who is enrolled ...
• Texas Labor Code Section 201.070 - Service As Product Demonstrator; Salesman
  In this subtitle, "employment" does not include: (1) service by an individual as a product demonstrator if: (A) the service is performed under a written ...
• Texas Labor Code Section 201.071 - Service As Insurance Agent
  In this subtitle, "employment" does not include service as an insurance agent for which the only remuneration for the service is a commission. Acts 1993, ...
• Texas Labor Code Section 201.072 - Service As Real Estate Broker
  In this subtitle, "employment" does not include: (1) service performed by an individual as a real estate broker or salesperson if: (A) the individual engages ...
• Texas Labor Code Section 201.073 - Delivery Service; Newspaper Delivery Service
  In this subtitle, "employment" does not include: (1) service performed for compensation by an individual for a private for-profit delivery service if the individual: (A) ...
• Texas Labor Code Section 201.074 - Service By Inmate
  In this subtitle, "employment" does not include service performed by an inmate of a custodial or penal institution. Acts 1993, 73rd Leg., ch. 269, § ...
• Texas Labor Code Section 201.075 - Service On Fishing Vessel
  In this subtitle, "employment" does not include service performed on a fishing vessel normally having a crew of fewer than 10 members if: (1) the ...
• Texas Labor Code Section 201.076 - Included And Excluded Service In Pay Period
  (a) All of the service of an individual performed during a pay period for a person employing the individual is employment if the service performed ...
• Texas Labor Code Section 201.077 - Service By Landman
  In this subtitle, "employment" does not include service performed for a private for-profit person by an individual as a landman if: (1) the individual is ...
• Texas Labor Code Section 201.078 - Service By Nonresident Alien Agricultural Worker
  In this subtitle, "employment" does not include service performed by a nonresident alien during the period that the alien is temporarily in the United States ...
• Texas Labor Code Section 201.081 - General Definition Of Wages
  In this subtitle, "wages" means all remuneration for personal services, including: (1) the cash value of remuneration paid in a medium other than cash; and ...
• Texas Labor Code Section 201.082 - Exceptions To Wages
  In this subtitle, "wages" does not include: (1) that part of the remuneration paid by an employer to an individual for employment during a calendar ...
• Texas Labor Code Section 201.091 - Total And Partial Unemployment
  (a) An individual is totally unemployed in a benefit period during which the individual does not perform services for wages in excess of the greater ...
• Texas Labor Code Section 201.101 - Conformity With Federal Statutes.
  If the United States secretary of labor holds that a provision of this subtitle does not conform with a federal statute, the commission may administer ...
• Texas Labor Code Section 202.044 - Division Of Education
  (a) The division of education is a division in the commission. The division shall assist the agency administrator and commission in administering their functions under ...
• Texas Labor Code Section 203.001 - Definitions
  In this chapter: (1) "Administration fund" means the unemployment compensation administration fund created under Section 203.151. (2) "Federal trust fund" means the unemployment trust fund ...
• Texas Labor Code Section 203.002 - Duties Of Comptroller
  (a) The comptroller is treasurer and custodian of the compensation fund and the special administration fund and shall administer the funds in accordance with the ...
• Texas Labor Code Section 203.003 - Comptroller's Bond Liability
  The comptroller is liable on the comptroller's official bond for the faithful performance of the comptroller's duties under this subtitle in connection with the compensation ...
• Texas Labor Code Section 203.004 - Deposit Of Funds; Exception
  All money paid to the commission under this subtitle: (1) shall be deposited in the treasury unless: (A) a state or federal law prohibits deposit ...
• Texas Labor Code Section 203.005 - Application Of Other Law
  Money in the compensation fund, the administration fund, and the special administration fund shall be deposited, administered, and disbursed in the same manner and under ...
• Texas Labor Code Section 203.021 - Unemployment Compensation Fund; Separate Accounts
  (a) The unemployment compensation fund is a special fund. (b) The compensation fund consists of: (1) contributions collected under this subtitle; (2) interest earned on ...
• Texas Labor Code Section 203.022 - Composition And Use Of Clearing Account
  (a) On receipt of any money payable to the compensation fund, the commission shall forward the money to the comptroller, who shall immediately deposit it ...
• Texas Labor Code Section 203.023 - Requisitions From Federal Trust Fund; Benefit Account
  (a) The commission periodically shall requisition from the federal trust fund amounts the commission considers necessary for the payment of benefits and refunds for a ...
• Texas Labor Code Section 203.024 - Deposits
  (a) Except as otherwise provided by this subchapter, the comptroller, under the direction of the commission, may deposit money credited to the clearing and benefit ...
• Texas Labor Code Section 203.025 - Use Of Requisitioned Money
  (a) The commission shall direct the administration of the compensation fund exclusively for the purposes of this subtitle. (b) Money requisitioned from this state's account ...
• Texas Labor Code Section 203.026 - Accounts From Which Benefits And Refunds Are Paid
  (a) The comptroller may issue a warrant for a benefit only from the benefit account. (b) As directed by the commission, the comptroller may issue ...
• Texas Labor Code Section 203.027 - Unexpended Balance Of Benefit Account
  Money requisitioned from the federal trust fund that remains unclaimed or unpaid in the benefit account after the end of the period for which the ...
• Texas Labor Code Section 203.028 - Solvency Of Compensation Fund; Reserve
  (a) If the commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the compensation fund, it ...
• Texas Labor Code Section 203.029 - Refund Of Contributions To Federal Instrumentality
  If this state is not certified for any year by the United States secretary of labor as required under Section 3304(c), Internal Revenue Code of ...
• Texas Labor Code Section 203.030 - Reimbursement From Or To Compensation Fund Under Reciprocal Arrangement
  (a) The commission may reimburse a state or federal agency from the compensation fund or receive a reimbursement from a state or federal agency for ...
• Texas Labor Code Section 203.031 - Nonliability Of State
  Benefits are due and payable only to the extent money is available for that purpose in the compensation fund. Neither this state nor the commission ...
• Texas Labor Code Section 203.032 - Management Of Compensation Fund On Discontinuance Of Federal Trust Fund
  (a) To the extent that a provision of this subchapter relates to the federal trust fund, the provision is operative only as long as: (1) ...
• Texas Labor Code Section 203.101 - Limit On Application For Advance
  In any application for an advance from the federal trust fund (Section 1201, Social Security Act (42 U.S.C. Section 1321)), the governor shall limit the ...
• Texas Labor Code Section 203.102 - Obligation Trust Fund
  (a) The obligation trust fund is a dedicated trust fund outside of the state treasury in the custody of the comptroller. (b) The commission and ...
• Texas Labor Code Section 203.104 - Limitation On Transfer From Obligation Trust Fund To Compensation Fund
  An amount that is attributable to the portion of the unemployment obligation assessment authorized by Section 203.105(a)(2) may not be transferred to the compensation fund ...
• Texas Labor Code Section 203.105 - Unemployment Obligation Assessment
  (a) An unemployment obligation assessment shall be imposed as provided by this section if after January 1 of a year: (1) an interest payment on ...
• Texas Labor Code Section 203.151 - Administration Fund
  (a) The unemployment compensation administration fund is a special fund in the state treasury. (b) The administration fund consists of money: (1) appropriated to the ...
• Texas Labor Code Section 203.152 - Use Of Administration Fund
  (a) Money credited to the administration fund may be used by the commission as provided by this subtitle and may not be transferred to any ...
• Texas Labor Code Section 203.154 - Reimbursement Of Administration Fund
  (a) If the United States secretary of labor or that secretary's successor finds that money received from the secretary or the secretary's successor under Title ...
• Texas Labor Code Section 203.201 - Special Administration Fund
  (a) The unemployment compensation special administration fund is a special fund. (b) The special administration fund consists of: (1) all interest and penalties collected under ...
• Texas Labor Code Section 203.202 - Use Of Special Administration Fund
  (a) Money in the special administration fund may be spent in accordance with this subtitle and may be used: (1) to pay the cost of ...
• Texas Labor Code Section 203.203 - Refund Of Penalties
  A refund under Subchapter E, Chapter 213 of a penalty that has been erroneously collected and deposited to the credit of the special administration fund ...
• Texas Labor Code Section 203.251 - Findings And Purpose
  (a) The legislature finds that: (1) it is an essential governmental function to maintain funds in an amount sufficient to pay unemployment benefits when due; ...
• Texas Labor Code Section 203.252 - Definitions; General Provision
  (a) In this subchapter: (1) "Authority" means the Texas Public Finance Authority. (2) "Bond" means any type of revenue obligation, including a bond, note, certificate, ...
• Texas Labor Code Section 203.253 - Request For Bond Issuance
  (a) If the commission determines that the issuance of bonds is necessary to reduce or avoid the need to borrow or obtain a federal advance ...
• Texas Labor Code Section 203.254 - Issuance Of Bonds By Authority
  (a) The authority shall issue bonds on request by the commission, in accordance with the requirements of Chapter 1232, Government Code, and other provisions of ...
• Texas Labor Code Section 203.255 - Bond Proceeds
  (a) The proceeds of bonds issued by the authority under this subchapter may be deposited with a trustee selected by the authority and the commission ...
• Texas Labor Code Section 203.256 - Repayment Of Commission's Financial Obligations
  (a) The commission shall assess an unemployment obligation assessment annually on each employer entitled to an experience rating under Chapter 204 if any bonds issued ...
• Texas Labor Code Section 203.257 - Bond Payments
  (a) Revenues received from the unemployment obligation assessment may be applied only as provided by this subchapter. (b) The commission may pay bond obligations with ...
• Texas Labor Code Section 203.258 - Excess Revenue Collections And Investment Earnings
  Revenue collected from the unemployment obligation assessment in any year that exceeds the amount of the bond obligations and bond administrative expenses payable in that ...
• Texas Labor Code Section 203.259 - State Debt Not Created
  (a) A bond issued under this subchapter, and any related credit agreement, is not a debt of the state or any state agency or political ...
• Texas Labor Code Section 203.260 - State Not To Impair Bond Obligations
  If bonds under this subchapter are outstanding, the state may not: (1) take action to limit or restrict the rights of the commission to fulfill ...
• Texas Labor Code Section 203.261 - Exemption From Taxation
  A bond issued under this subchapter, any transaction relating to the bond, and profits made from the sale of the bond are exempt from taxation ...
• Texas Labor Code Section 203.262 - No Personal Liability
  The members of the commission, commission employees, the board of directors of the authority, and the employees of the authority are not personally liable as ...
• Texas Labor Code Section 204.001 - Definition
  In this chapter, "manual" means the North American Industrial Classification System Manual published by the United States Office of Management and Budget. Acts 1993, 73rd ...
• Texas Labor Code Section 204.002 - Contribution Required
  (a) An employer shall pay a contribution on wages for employment paid during a calendar year or the portion of the calendar year in which ...
• Texas Labor Code Section 204.003 - Contribution Not Deducted From Wages
  An employer may not deduct any part of a contribution from the wages of an individual in the employer's employ. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 204.004 - Assignment To Major Group
  The commission shall assign each employer to a major group in accordance with the definitions contained in the manual. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 204.005 - Establishment Of Major Group Contribution Rate
  (a) For each calendar year, the commission shall establish by industry an average contribution rate for each major group. (b) The commission shall determine the ...
• Texas Labor Code Section 204.006 - Initial Contribution Rate
  Text of subsec. (a) effective until January 1, 2006 (a) A person's contribution rate for the calendar year in which the person becomes an ...
• Texas Labor Code Section 204.007 - Special Rate; Certain Employers Engaged In Agriculture
  (a) This section applies to an employer identified by the commission as classified in the manual as: (1) Number 115114, crop preparation services for market; ...
• Texas Labor Code Section 204.008 - Time Benefits Are Paid
  For the purpose of this chapter, benefits are paid at the time the claim for the benefits is certified by the commission to the comptroller ...
• Texas Labor Code Section 204.009 - Application To Labor Agent
  (a) A labor agent who furnishes a farm and ranch laborer is liable for the payment of a tax under this subtitle as if the ...
• Texas Labor Code Section 204.010 - Payment Of Contributions By Indian Tribes
  An Indian tribe that is subject to this subtitle shall pay contributions under the same terms and conditions as any other subject employer unless the ...
• Texas Labor Code Section 204.021 - Chargebacks
  (a) The amount of benefits paid to a claimant for a benefit year shall be charged to the accounts of each of the claimant's employers ...
• Texas Labor Code Section 204.022 - Exclusions From Chargebacks
  (a) Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the ...
• Texas Labor Code Section 204.023 - Notice Sent At Time Benefits Paid
  The commission shall mail to an employer a notice of the employer's maximum potential chargebacks when benefits are first paid if: (1) notice of an ...
• Texas Labor Code Section 204.024 - Protest Of Potential Chargebacks
  To protest a potential chargeback, an employer to whom notice is mailed under Section 204.023 must mail to the commission at Austin a protest not ...
• Texas Labor Code Section 204.025 - Decision And Administrative Review Of Protest
  (a) An examiner promptly shall decide the issues involved in a timely protest filed under Section 204.024 and shall mail a notice of the decision ...
• Texas Labor Code Section 204.026 - Judicial Review Of Protest
  (a) An employer may appeal an administrative determination made under Section 204.025 after the employer has exhausted the employer's administrative remedies, not including a motion ...
• Texas Labor Code Section 204.027 - Notice, Protest, And Appeal--Notice Sent At Time Of Claim
  (a) If notice of the claim was sent to an employer under Section 208.002, the commission shall mail the employer a notice of the amount ...
• Texas Labor Code Section 204.041 - Tax On Experience-Rated Employers
  (a) Each employer whose account has been chargeable with benefits throughout four or more consecutive calendar quarters shall pay contributions at the rate prescribed by ...
• Texas Labor Code Section 204.042 - Tax Rate Table
  If the replenishment ratio is and the employer's benefit ratio does not exceed: 1.00 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 ...
• Texas Labor Code Section 204.043 - Extension Of Tax Rate Table Up To Six Percent
  (a) The commission shall extend the table in Section 204.042 by providing additional replenishment ratios, benefit ratios, and tax rates up to six percent. (b) ...
• Texas Labor Code Section 204.044 - Benefit Ratio
  (a) The benefit ratio for an employer is equal to the total amounts of the employer's chargebacks for the 36 consecutive months preceding the tax ...
• Texas Labor Code Section 204.045 - Replenishment Ratio
  (a) The replenishment ratio for a calendar year is computed by: (1) dividing the numerator described in Subsection (b) by the denominator described in Subsection ...
• Texas Labor Code Section 204.046 - Effectively Charged Benefits
  (a) A benefit is not effectively charged if it is: (1) not charged to an employer's account; (2) charged to an employer's account after the ...
• Texas Labor Code Section 204.047 - Tax Rate Computation Date For Experience Tax Rate
  (a) The computation date for the tax rate for the contribution under Section 204.041 is October 1 of the year preceding the calendar year in ...
• Texas Labor Code Section 204.048 - Voluntary Contributions
  (a) Notwithstanding any other provision of this subtitle, an employer for whom the commission has computed an experience rate as of October 1 of a ...
• Texas Labor Code Section 204.061 - Ceiling And Floor Of Compensation Fund
  In computing the tax rates under this subchapter: (1) the ceiling of the compensation fund is two percent of the total taxable wages for the ...
• Texas Labor Code Section 204.062 - Replenishment Tax
  (a) In addition to the general tax computed under Subchapter C, an employer entitled to an experience rate shall pay a replenishment tax at the ...
• Texas Labor Code Section 204.0625 - Adjustment To Replenishment Tax Rate
  On and after January 1, 2006, the replenishment tax rate computed under Section 204.062 shall be adjusted to a rate computed by subtracting one-tenth of ...
• Texas Labor Code Section 204.063 - Deficit Assessment
  (a) If the amount of money in the compensation fund on a tax rate computation date is less than the floor of the compensation fund, ...
• Texas Labor Code Section 204.064 - Deficit Ratio
  (a) The deficit ratio is computed by: (1) dividing the numerator computed under Subsection (b) by the denominator described by Subsection (c); and (2) rounding ...
• Texas Labor Code Section 204.065 - Credit
  (a) If the amount in the compensation fund on a tax rate computation date is more than the ceiling of the compensation fund, an employer ...
• Texas Labor Code Section 204.066 - Surplus Ratio
  (a) The surplus ratio is computed by: (1) dividing the numerator computed under Subsection (b) by the denominator described by Subsection (c); and (2) rounding ...
• Texas Labor Code Section 204.081 - Definitions
  In this subchapter: (1) "Compensation experience" includes the period that benefit wage credits or benefits have been chargeable and any other factor under Subchapter A, ...
• Texas Labor Code Section 204.082 - Effective Date Of Acquisition
  For purposes of this subchapter, an acquisition is effective on the first day of the calendar quarter in which the acquisition occurs. Acts 1993, 73rd ...
• Texas Labor Code Section 204.083 - Acquisition Of All Or Part Of Experience-Rated Organization, Trade, Or Business; Transfer Of Compensation Experience
  The transfer of the predecessor employer's compensation experience to the successor employer is required if the predecessor employing unit transfers, through any means, all or ...
• Texas Labor Code Section 204.084 - Acquisition Of Part Of Experience-Rated Organization, Trade, Or Business: Approval Of Transfer Of Compensation Experience Without Substantially Common Management Or Control Or Substantially Common Ownership; Contribution Rate
  (a) If an employing unit acquires or otherwise receives, through any means, part of the organization, trade, or business of an employer, and transfer of ...
• Texas Labor Code Section 204.085 - Contribution Rate For Successor Employers When Substantially Common Management Or Control Or Substantially Common Ownership Exists; Certain Partial Acquisitions
  (a) Except as provided by Subsection (d), in the case of a partial acquisition for which the transfer of compensation experience is required under Section ...
• Texas Labor Code Section 204.0851 - Contribution Rate For Successor Employers When Substantially Common Management Or Control Or Substantially Common Ownership Exists; Other Acquisitions
  (a) For a transfer of compensation experience required by Section 204.083 other than a transfer described by Section 204.085(a), the contribution rate shall be computed ...
• Texas Labor Code Section 204.086 - Collection Of Contribution, Penalty, Or Interest From Successor Employer
  (a) An individual or employing unit that acquires the organization, trade, or business or substantially all of the assets of an organization, trade, or business ...
• Texas Labor Code Section 204.087 - Offense; Criminal And Civil Penalties
  (a) A person commits an offense if the person recklessly, knowingly, or intentionally defeats, evades, or circumvents a provision of this subchapter or if the ...
• Texas Labor Code Section 204.088 - Procedures To Identify Experience-Rating Transfers
  The commission by rule shall establish procedures to identify the transfer or acquisition of a business for the purposes of this subchapter. Added by Acts ...
• Texas Labor Code Section 204.089 - Conformity With Federal Regulations
  The commission shall administer this subchapter in conformity with any regulations prescribed by the United States Secretary of Labor relating to experience-rating transfers. Added by ...
• Texas Labor Code Section 204.101 - Contribution From Governmental Employer
  A governmental employer shall pay a contribution in accordance with this subchapter and rules adopted by the commission on wages paid for employment during each ...
• Texas Labor Code Section 204.102 - Contribution Not Deduction From Wages
  A contribution paid by a governmental employer may not be deducted from the wages of individuals in the employer's employ. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 204.103 - Rate Of Contributions For Governmental Employers
  (a) The rate of the contribution required under Section 204.101 for each calendar year is equal to the greater of: (1) one-tenth of one percent; ...
• Texas Labor Code Section 204.104 - Accounting For Governmental Employers
  The commission shall account separately for benefits paid and contributions collected under this subchapter, and these benefits and contributions may not be used in determining ...
• Texas Labor Code Section 204.105 - Past Due Contributions
  (a) A governmental employer that fails to pay a contribution due under this subchapter on the date it is due as prescribed by the commission ...
• Texas Labor Code Section 204.106 - Reports And Records
  (a) A governmental employer shall keep records and file reports with the commission relating to individuals in its employ as required by rules adopted by ...
• Texas Labor Code Section 204.121 - Employment And Training Investment Assessment
  (a) In addition to any other taxes imposed under this subtitle, an employment and training investment assessment is imposed on or after January 1, 2006, ...
• Texas Labor Code Section 204.122 - Holding Fund
  (a) The employment and training investment holding fund is a special trust fund outside of the state treasury in the custody of the comptroller separate ...
• Texas Labor Code Section 204.123 - Transfer To Texas Enterprise Fund, Skills Development Fund, Training Stabilization Fund, And Compensation Fund
  (a) If, on September 1 of a year, the commission determines that the amount in the compensation fund will exceed 100 percent of its floor ...
• Texas Labor Code Section 205.001 - Reimbursements Or Contributions By Governmental Entity
  (a) A state, a political subdivision of a state, an Indian tribe, or an instrumentality of a state, political subdivision of a state, or Indian ...
• Texas Labor Code Section 205.002 - Election By Nonprofit Organization
  (a) A nonprofit organization that is described by Section 201.023 or a group of those organizations subject to this subtitle may elect to pay reimbursements ...
• Texas Labor Code Section 205.003 - Commission Termination Of Election
  (a) The commission may terminate an employer's election to make reimbursements if the employer is delinquent in making reimbursements under this chapter. (b) A termination ...
• Texas Labor Code Section 205.004 - Election By Indian Tribe
  (a) An Indian tribe that elects to make reimbursements for benefits instead of contributions shall make the election under this chapter in the same manner ...
• Texas Labor Code Section 205.011 - Applicability Of Subtitle; Waiver By Reimbursing Employer
  (a) A reimbursing employer is entitled to the rights and privileges and subject to the duties and responsibilities of all provisions of this subtitle other ...
• Texas Labor Code Section 205.012 - Payment Of Reimbursement
  A reimbursing employer shall pay a reimbursement to the commission in accordance with this chapter and rules adopted by the commission. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 205.013 - Billing; Amount Of Reimbursements
  (a) A reimbursing employer shall pay to the commission an amount equal to the regular benefits plus, except as provided by Subsection (c), one-half of ...
• Texas Labor Code Section 205.014 - Proportionate Allocation Of Benefit Costs--More Than One Employer And At Least One Reimbursing Employer
  If benefits to an individual are computed on benefit wage credits earned from more than one employer, at least one of whom is a reimbursing ...
• Texas Labor Code Section 205.015 - Continued Liability For Reimbursement
  An employer who has elected reimbursement under Section 205.001 or 205.002 shall pay reimbursements for benefits that are attributable to service in the employ of ...
• Texas Labor Code Section 205.016 - Collection Of Delinquent Reimbursement; Effect Of Failure To Submit Certain Reports
  A reimbursing employer who fails to pay a reimbursement on the date on which the reimbursement is due, or who fails to submit records and ...
• Texas Labor Code Section 205.017 - Delinquent Governmental Employers
  The commission shall notify the comptroller in writing of the name of a governmental employer that is delinquent in payment of reimbursements under this subtitle ...
• Texas Labor Code Section 205.018 - Payment Of Benefits From Compensation Fund; No Effect On Replenishment Ratio
  Benefits computed on wages earned from a reimbursing employer and reimbursements for the benefits may not be used in computing the replenishment ratio under Section ...
• Texas Labor Code Section 205.019 - Reimbursement From Non-Treasury Funds
  (a) A branch, department, or other instrumentality of this state that reimburses the commission with funds that are held outside the state treasury shall reimburse ...
• Texas Labor Code Section 205.021 - Approval Of Group Account; Effective Date
  (a) On approval of an application submitted by two or more reimbursing employers, the commission shall establish a group account for the employers to share ...
• Texas Labor Code Section 205.022 - Duration And Termination Of Group Account
  (a) A group account must remain in effect for not less than two years. (b) After two years, the account may be terminated at the ...
• Texas Labor Code Section 205.023 - Group Member's Reimbursement Amount
  On establishment of a group account, each member of the group is liable for reimbursements for each calendar quarter in the amount that bears the ...
• Texas Labor Code Section 205.024 - Reports And Records
  Each member of a group shall keep accurate employment records and submit reports as required by the commission relating to persons employed by the member. ...
• Texas Labor Code Section 205.025 - Commission Rules
  The commission shall as necessary adopt rules on: (1) an application for the establishment, maintenance, and termination of a group account authorized by this subchapter; ...
• Texas Labor Code Section 205.031 - Bond
  (a) The commission may require a reimbursing employer or group of reimbursing employers to execute and file with the commission a surety bond approved by ...
• Texas Labor Code Section 205.032 - Additional Safeguards
  The commission may provide additional safeguards as necessary to ensure that a reimbursing employer pays the reimbursements required under Subchapters B and C. Acts 1993, ...
• Texas Labor Code Section 205.041 - State Election To Be Reimbursing Employer
  (a) This state is a reimbursing employer subject to this subtitle for all services performed in the employ of: (1) this state; (2) a branch ...
• Texas Labor Code Section 205.042 - Coverage Of State Employees Working Outside State
  If the commission is unable to execute a reciprocal agreement under Chapter 211 to cover an employee of this state who works outside this state, ...
• Texas Labor Code Section 206.001 - Yearly Coverage
  An employing unit that is or becomes an employer in a calendar year is subject to this subtitle during that entire calendar year. Acts 1993, ...
• Texas Labor Code Section 206.002 - Election Of Coverage As Employer
  (a) An employing unit that is not otherwise subject to this subtitle may elect coverage as an employer for not less than two calendar years. ...
• Texas Labor Code Section 206.003 - Election Of Coverage Regarding Services Not Constituting Employment
  (a) An employing unit may elect for not less than two calendar years that all services that do not constitute employment and that are performed ...
• Texas Labor Code Section 206.004 - Termination Of Coverage
  (a) An employing unit may cease to be an employer only on January 1 of a year and only if the commission finds that: (1) ...
• Texas Labor Code Section 206.005 - Previous Rights Lost By Cessation Of Coverage
  When an employing unit that ceased to be an employer subsequently becomes an employer, the employing unit is considered to be a new employer without ...
• Texas Labor Code Section 207.001 - Payment Of Benefits
  Benefits are paid through the commission in accordance with rules adopted by the commission and are due and payable under this subtitle only to the ...
• Texas Labor Code Section 207.002 - Benefits For Total Unemployment
  (a) An eligible individual who is totally unemployed in a benefit period is entitled to benefits for the benefit period at the rate of 1/25 ...
• Texas Labor Code Section 207.003 - Benefits For Partial Unemployment
  (a) An eligible individual who is partially unemployed in a benefit period is entitled to partial benefits for that benefit period. (b) The amount of ...
• Texas Labor Code Section 207.004 - Benefit Wage Credits
  (a) The commission shall credit an individual's wages received for employment from an employer during the individual's base period as the individual's benefit wage credits. ...
• Texas Labor Code Section 207.005 - Maximum Amount Of Benefits
  The maximum amount of benefits payable to an eligible individual during a benefit year may not exceed the lesser of: (1) 26 times the individual's ...
• Texas Labor Code Section 207.006 - Adjustment Of Benefits
  If a benefit rate or benefit payable computed under this chapter is not a multiple of $1, the benefit rate or benefit payable is increased ...
• Texas Labor Code Section 207.007 - Fees Limitation; Legal Representation; Criminal Offense; Penalty
  (a) An individual claiming benefits under this subtitle may not be charged a fee in a proceeding under this subtitle by: (1) the commission or ...
• Texas Labor Code Section 207.008 - Suitable Work
  (a) In determining whether work is suitable for an individual, the commission shall consider: (1) the degree of risk involved to the individual's health, safety, ...
• Texas Labor Code Section 207.009 - Payment Of Benefits By Indian Tribe
  Benefits based on service in the employ of an Indian tribe, as described by Section 201.048, are payable in the same amount, on the same ...
• Texas Labor Code Section 207.021 - Benefit Eligibility Conditions
  (a) Except as provided by Chapter 215, an unemployed individual is eligible to receive benefits for a benefit period if the individual: (1) has registered ...
• Texas Labor Code Section 207.0211 - Eligibility Of Certain Disabled Persons
  A permanently disabled individual is considered to be able to work under Section 207.021(a)(3) and available for work for purposes of Section 207.021(a)(4) if, as ...
• Texas Labor Code Section 207.022 - Commission-Approved Training
  (a) An individual may not be denied benefits because the individual is in training with the approval of the commission. (b) An individual may not ...
• Texas Labor Code Section 207.023 - Training Under The Trade Act Of 1974
  (a) This section applies only to training approved under Section 236(a)(1) of the Trade Act of 1974 (19 U.S.C. Section 2296(a)(1)). (b) An otherwise eligible ...
• Texas Labor Code Section 207.024 - Claim Filed Or Residence In Another State Or Country
  An individual's benefits may not be denied or reduced solely because at the time the individual filed the claim for unemployment compensation the individual: (1) ...
• Texas Labor Code Section 207.025 - Pregnancy Or Termination Of Pregnancy
  Benefits may not be denied to an individual solely because of pregnancy or termination of pregnancy. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 207.041 - Services In Educational Institutions
  (a) Benefits are not payable to an individual based on services performed in an instructional, research, or principal administrative capacity for an educational institution for ...
• Texas Labor Code Section 207.042 - Athletes
  Benefits are not payable to an individual based on services substantially all of which consist of participating in a sport or athletic event or training ...
• Texas Labor Code Section 207.043 - Aliens
  (a) Benefits are not payable based on services performed by an alien unless the alien: (1) is an individual who was lawfully admitted for permanent ...
• Texas Labor Code Section 207.044 - Discharge For Misconduct
  (a) An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. (b) Disqualification under this section ...
• Texas Labor Code Section 207.045 - Voluntarily Leaving Work
  (a) An individual is disqualified for benefits if the individual left the individual's last work voluntarily without good cause connected with the individual's work. (b) ...
• Texas Labor Code Section 207.046 - Involuntary Separation
  (a) An individual is not disqualified for benefits under this subchapter if: (1) the work-related reason for the individual's separation from employment was urgent, compelling, ...
• Texas Labor Code Section 207.047 - Failure To Apply For, Accept, Or Return To Work
  (a) An individual is disqualified for benefits if during the individual's current benefit year, the individual failed, without good cause, to: (1) apply for available, ...
• Texas Labor Code Section 207.048 - Labor Disputes
  (a) An individual is disqualified for benefits for a benefit period in which the individual's total or partial unemployment is caused by: (1) the individual's ...
• Texas Labor Code Section 207.049 - Receipt Of Remuneration
  An individual is disqualified for benefits for a benefit period for which the individual is receiving or has received remuneration in the form of: (1) ...
• Texas Labor Code Section 207.050 - Receipt Of Pension Or Annuity
  (a) Except as provided by Subsection (b), an individual is disqualified for benefits for a benefit period for which the individual is receiving or has ...
• Texas Labor Code Section 207.051 - Sale Of Business
  (a) An individual is disqualified for benefits if the individual left the individual's last work because of the sale of: (1) a corporation and the ...
• Texas Labor Code Section 207.052 - Leaving Work To Attend Educational Institution
  (a) An individual is disqualified for benefits for a period of unemployment for which the individual left the individual's most recent work to attend an ...
• Texas Labor Code Section 207.053 - Refusal To Treat Communicable Disease
  (a) An individual is disqualified for benefits if the individual: (1) left the individual's last work voluntarily rather than provide services included within the course ...
• Texas Labor Code Section 207.071 - Waiver, Release, Or Commutation Agreement Invalid
  (a) Except for an employer's waiver under Chapter 204 and Section 205.011, an agreement by an individual to waive, release, or commute the individual's right ...
• Texas Labor Code Section 207.072 - Acceptance Or Requirement Of Waiver Prohibited
  An employer may not require or accept a waiver of a right of an individual employed by the employer under this subtitle. Acts 1993, 73rd ...
• Texas Labor Code Section 207.073 - Prohibited Deduction From Wages
  An employer may not, directly or indirectly, make, require, or accept a deduction from wages to finance a contribution or reimbursement required to be paid ...
• Texas Labor Code Section 207.074 - Criminal Offense; Penalty
  An employer, or officer or agent of an employer, commits an offense if the person violates Section 207.072 or 207.073. An offense under this section ...
• Texas Labor Code Section 207.075 - Assignment Of Benefits Prohibited; Benefit Exemptions
  (a) An assignment, pledge, or encumbrance of a right to benefits is not valid. (b) A right to benefits is exempt from levy, execution, attachment, ...
• Texas Labor Code Section 207.076 - Equal Treatment
  Benefits based on services for all employers in employment are payable in the same amount, on the same terms, and subject to the same conditions, ...
• Texas Labor Code Section 207.091 - Definitions
  In this subchapter: (1) "Benefit" includes amounts payable by the commission under an agreement entered under federal law that provides for compensation, assistance, or allowances ...
• Texas Labor Code Section 207.092 - Disclosure Of Child Support Obligations
  (a) An individual at the time of filing a new claim for benefits shall disclose whether the individual owes a child support obligation. (b) If ...
• Texas Labor Code Section 207.093 - Withholding Of Child Support By Commission
  (a) The commission shall withhold from the benefits payable to an individual that owes a child support obligation an amount equal to: (1) any amount ...
• Texas Labor Code Section 207.094 - Federal Law Requirement
  (a) This subchapter and Section 207.075(e) are enacted because Section 303(e) of the Social Security Act (42 U.S.C. Section 503(e)) requires the enactment of these ...
• Texas Labor Code Section 207.101 - Withholding From Benefits For Federal Income Tax
  (a) An eligible individual may elect to have federal income tax withheld from benefits. The commission shall withhold federal income taxes from the benefits of ...
• Texas Labor Code Section 207.111 - Definitions
  In this subchapter: (1) "State agency" has the meaning assigned by Section 3(n), Food Stamp Act of 1977 (7 U.S.C. Section 2012(n)). (2) "Uncollected overissuance" ...
• Texas Labor Code Section 207.112 - Application
  This subchapter applies only if arrangements have been made for reimbursement by the state agency for the administrative costs incurred by the commission under this ...
• Texas Labor Code Section 207.113 - Required Disclosure; Notice To Food Stamp Agency
  (a) An individual who files a new claim for unemployment benefits shall disclose, at the time of filing of that claim, whether the individual owes ...
• Texas Labor Code Section 207.114 - Withholding
  (a) The commission shall deduct and withhold from unemployment benefits payable to an individual who owes an uncollected overissuance: (1) the amount the individual specifies ...
• Texas Labor Code Section 208.001 - Filing; Information Notices
  (a) Claims for benefits shall be made in accordance with rules adopted by the commission. An unemployed individual who does not have a current benefit ...
• Texas Labor Code Section 208.002 - Notice Of Initial Claim
  (a) The commission shall mail a notice of the filing of an initial claim to the person for whom the claimant last worked before the ...
• Texas Labor Code Section 208.003 - Notice To Employer
  (a) An employer may designate in writing to the commission an address for mail service. (b) If an employer designates a mailing address under Subsection ...
• Texas Labor Code Section 208.004 - Notification Of Adverse Facts Affecting Claim; Waiver
  (a) A person to whom notice is mailed under Section 208.002 shall notify the commission promptly of any facts known to the person that may: ...
• Texas Labor Code Section 208.021 - Initial Claim Determination
  (a) The commission shall determine whether an initial claim is valid. (b) For each valid initial claim, the commission shall determine: (1) the claimant's benefit ...
• Texas Labor Code Section 208.022 - Notice Of Initial Claim Determination
  The commission shall mail a notice of the determination of an initial claim to the claimant's last known address as shown by the commission's records. ...
• Texas Labor Code Section 208.023 - Request For Redetermination Or Appeal By Claimant
  A claimant, within 14 days after the date the commission mailed notice of the commission's determination to the claimant under Section 208.022, may request a ...
• Texas Labor Code Section 209.001 - Definitions
  In this chapter: (1) "Eligibility period" means the period consisting of the benefit periods in an individual's benefit year that begin in an extended benefit ...
• Texas Labor Code Section 209.002 - Application Of Provisions Relating To Regular Benefits
  A provision of this subtitle or a commission rule applicable to a claim for or the payment of regular benefits applies to a claim for ...
• Texas Labor Code Section 209.003 - Findings
  (a) The commission shall make findings as necessary to determine an extended benefit period, compute the rate of insured unemployment, and determine the eligibility or ...
• Texas Labor Code Section 209.021 - Beginning And Ending Dates For Extended Benefit Period
  (a) Except as provided by Subsection (b), an extended benefit period begins with the third week after a week with a state "on" indicator. (b) ...
• Texas Labor Code Section 209.022 - State "On" And "Off" Indicator Weeks
  (a) Except for a week to which Subsection (b) applies, a week is a state "on" indicator week if the rate of insured unemployment for ...
• Texas Labor Code Section 209.023 - Rate Of Insured Unemployment
  For the purpose of Section 209.022, the rate of insured unemployment is computed by: (1) dividing: (A) the average weekly number of individuals filing claims ...
• Texas Labor Code Section 209.024 - Public Announcement Of Extended Benefit Period
  The commission shall publicly announce, in accordance with commission rule, the beginning of each extended benefit period and the termination of each extended benefit period. ...
• Texas Labor Code Section 209.041 - Eligibility For Extended Benefits
  An individual is eligible to receive extended benefits for a benefit period of unemployment in the individual's eligibility period if, with respect to the benefit ...
• Texas Labor Code Section 209.042 - Exhaustion Of Regular Benefits
  (a) An individual has exhausted regular benefits with respect to a benefit period of unemployment in the individual's eligibility period if the individual: (1) before ...
• Texas Labor Code Section 209.043 - Requirement To Seek Work
  (a) An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual ...
• Texas Labor Code Section 209.044 - Requirement To Accept Or Apply For Suitable Work
  An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual failed ...
• Texas Labor Code Section 209.045 - Employment Service Referrals To Suitable Work
  The employment service shall refer a claimant entitled to extended benefits to suitable work that meets the standards prescribed in Sections 209.046, 209.047(a), and 209.047(b). ...
• Texas Labor Code Section 209.046 - Exceptions To Requirement To Accept Or Apply For Suitable Work
  An individual may not be denied extended benefits for failure to accept a job offer of suitable work or apply for suitable work if: (1) ...
• Texas Labor Code Section 209.047 - Suitable Work
  (a) For the purposes of this subchapter, and subject to Subsections (b) and (c), suitable work for an individual is work: (1) within the individual's ...
• Texas Labor Code Section 209.048 - Duration Of Ineligibility; Work Requirements
  An individual ineligible for extended benefits under Section 209.043 or 209.044 is ineligible for benefits for a period: (1) beginning with the first day of ...
• Texas Labor Code Section 209.049 - Ineligibility Due To Disqualification
  (a) Except as provided by Subsection (b), an individual is ineligible to receive extended benefits for a benefit period in the individual's eligibility period if ...
• Texas Labor Code Section 209.050 - Interstate Claim
  (a) An individual is ineligible for extended benefits payable for a benefit period under an interstate claim filed in any state under an interstate benefit ...
• Texas Labor Code Section 209.061 - Weekly Extended Benefit Amount
  The weekly extended benefit amount payable to an individual for a benefit period of total unemployment in the individual's eligibility period is equal to the ...
• Texas Labor Code Section 209.062 - Maximum Total Extended Benefit Amount
  The total extended benefit amount payable to an eligible individual for the individual's eligibility period is 50 percent of the total amount of regular benefits ...
• Texas Labor Code Section 209.063 - Effect Of Trade Readjustment Allowances
  (a) Notwithstanding any other provision of this subtitle, the remaining balance of extended benefits that an individual would otherwise be entitled to receive in an ...
• Texas Labor Code Section 209.081 - Unemployment Compensation Fund
  (a) Extended benefits shall be paid from the compensation fund. (b) Payments made by the federal government for its share of extended benefits shall be ...
• Texas Labor Code Section 209.082 - Charges To Reimbursing Employer
  Fifty percent of the extended benefit payments based on benefit wage credits from a reimbursing employer shall be charged to the employer's account and reimbursed ...
• Texas Labor Code Section 209.083 - Charges To Taxed Employer
  (a) Fifty percent of extended benefit payments based on benefit wage credits from a taxed employer are chargebacks and must be used in determining the ...
• Texas Labor Code Section 209.084 - Charges To Governmental Employer
  The total amount of extended benefit payments shall be charged to the employer if the payments are based on benefit wage credits earned from: (1) ...
• Texas Labor Code Section 209.0845 - Charges To Indian Tribe
  The total amount of extended benefit payments that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal ...
• Texas Labor Code Section 209.085 - Notice To Taxed Base Period Employer
  (a) The notice to a taxed base period employer of a claim for benefits under Section 204.023 or 204.027 must state that if the claim ...
• Texas Labor Code Section 210.001 - Notice Of Back Pay Award Reduction
  If a back pay award to a claimant is reduced because of the receipt of unemployment compensation benefits by the claimant, the employer against whom ...
• Texas Labor Code Section 210.002 - Reimbursement By Employer For Reduction Of Back Pay Award
  (a) Subject to Subsection (b), an employer who is assessed a back pay award that is reduced because of the receipt of unemployment compensation benefits ...
• Texas Labor Code Section 210.003 - Employee's Liability; Sole Liability Of Employer
  A claimant is not liable for an overpayment of benefits that results from a back pay award and for which the employer against whom the ...
• Texas Labor Code Section 210.011 - Replacement For Lost Or Misplaced Warrant
  (a) The comptroller may issue to a claimant a replacement warrant for a warrant issued in payment of benefits under this subtitle if the claimant ...
• Texas Labor Code Section 210.012 - Deadline For Payment Of Warrant
  The comptroller may not pay a warrant issued for benefits unless the warrant is presented for payment before the first anniversary of the date on ...
• Texas Labor Code Section 210.013 - Deadline For Issuance Of Replacement Warrant
  A replacement warrant may not be issued under this chapter after the first anniversary of the date of the original warrant. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 211.001 - Location Of Service For Unemployment Insurance Purposes
  The commission may enter into arrangements with an appropriate agency of another state or a federal agency under which an individual performing services in this ...
• Texas Labor Code Section 211.002 - Location Of Service Of State Employees
  (a) The commission may enter into a reciprocal arrangement with the appropriate agency of another state under which a state employee who performs services in ...
• Texas Labor Code Section 211.003 - Combination Of Wages And Employment
  The commission shall participate in an arrangement for the payment of benefits determined by combining an individual's wages and employment covered under this subtitle and ...
• Texas Labor Code Section 211.004 - Offset For Overpayment Of Unemployment Benefits
  (a) Notwithstanding any other provision of this subtitle, the commission may enter into a reciprocal arrangement with an appropriate state or federal agency, or both, ...
• Texas Labor Code Section 211.005 - Interstate Or Foreign Commerce
  The commission may enter into a reciprocal arrangement with the appropriate agency of another state or federal agency, or both, under which service on a ...
• Texas Labor Code Section 211.006 - Reciprocal Treatment By Federal Agency
  (a) The commission may enter into an agreement with the proper agency under an Act of Congress establishing an unemployment compensation system to provide reciprocal ...
• Texas Labor Code Section 212.001 - Procedures
  The manner in which disputed claims are presented, the reports on disputed claims required from claimants, employers, or other persons, and the conduct of hearings ...
• Texas Labor Code Section 212.002 - Record
  (a) A complete record shall be kept of proceedings in connection with a disputed claim. (b) Testimony at any hearing on a disputed claim shall ...
• Texas Labor Code Section 212.003 - Witness Fees
  (a) A witness subpoenaed under this chapter is entitled to a fee at a rate set by the commission. (b) The witness fee is an ...
• Texas Labor Code Section 212.004 - Payment Of Benefits Pending Appeal
  (a) Except as otherwise provided by this section, benefits shall be paid in accordance with a final determination. (b) Benefits shall be paid promptly in ...
• Texas Labor Code Section 212.005 - Chargeback On Reversal Of Determination Or Decision Allowing Benefits Prohibited
  A chargeback may not be made to an employer's account because of payments having been made under a determination or decision to the claimant for ...
• Texas Labor Code Section 212.006 - Recovery Of Benefits Paid
  (a) Benefits paid to a claimant that are not in accordance with the final decision shall be: (1) refunded by the claimant to the commission; ...
• Texas Labor Code Section 212.051 - Determination By Examiner On Notification
  (a) If the person for which a claimant last worked files a notification with the commission as provided by Section 208.004, an examiner shall determine: ...
• Texas Labor Code Section 212.052 - Determination By Examiner On Examiner's Own Motion
  (a) If a notification as provided by Section 208.004 from the person for which a claimant last worked is not filed, and information on the ...
• Texas Labor Code Section 212.053 - Determination Final; Appeal
  An examiner's determination is final for all purposes unless: (1) the claimant or the person or branch for which the claimant last worked and to ...
• Texas Labor Code Section 212.054 - Redetermination By Examiner
  (a) Except as otherwise provided by this subsection, if an examiner discovers an error in connection with a determination or discovers additional information not previously ...
• Texas Labor Code Section 212.101 - Establishment Of Appeal Tribunals
  (a) The commission shall establish one or more impartial appeal tribunals to hear and decide disputed claims if the establishment of those appeal tribunals is ...
• Texas Labor Code Section 212.102 - Action By Appeal Tribunal
  Unless the appeal is withdrawn, an appeal tribunal shall affirm or modify the determination of the examiner after giving the parties reasonable opportunity for fair ...
• Texas Labor Code Section 212.103 - Notice Of Appeal Tribunal Action
  The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 212.104 - Decision Considered Final Commission Decision
  The decision of an appeal tribunal is the final decision of the commission unless further appeal is initiated as provided by Section 212.151 not later ...
• Texas Labor Code Section 212.105 - Removal Or Transfer Of Claim Pending Before Appeal Tribunal
  (a) The commission may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. (b) A ...
• Texas Labor Code Section 212.106 - Rules Regarding Hearings Conducted By Telephone Conference
  The commission by rule shall develop procedures to ensure that an appeal tribunal makes every effort in a hearing conducted by telephone conference under this ...
• Texas Labor Code Section 212.151 - Review Of Appeal Tribunal Decision
  The commission may: (1) on its own motion: (A) affirm, modify, or set aside any decision of an appeal tribunal on the basis of the ...
• Texas Labor Code Section 212.152 - Notice Of Commission Action
  The commission promptly shall mail to the parties before it a copy of its findings and decision. Acts 1993, 73rd Leg., ch. 269, § 1, ...
• Texas Labor Code Section 212.153 - Finality Of Commission Decision
  A decision of the commission becomes final 14 days after the date the decision is mailed unless before that date: (1) the commission by order ...
• Texas Labor Code Section 212.201 - Commencement Of Judicial Review; Defendants
  (a) A party aggrieved by a final decision of the commission may obtain judicial review of the decision by bringing an action in a court ...
• Texas Labor Code Section 212.202 - Standard Of Judicial Review; Exceptions Not Necessary
  (a) Judicial review under this subchapter is by trial de novo based on the substantial evidence rule. (b) It is not necessary in a judicial ...
• Texas Labor Code Section 212.203 - Exhaustion Of Remedies
  (a) A party claiming to be aggrieved by a final decision of the commission may not obtain judicial review of the decision unless the party ...
• Texas Labor Code Section 212.204 - Filing Of Action
  An action under this subchapter must be filed: (1) in the county of the claimant's residence; or (2) if the claimant is not a resident ...
• Texas Labor Code Section 212.205 - Petition; Supersedeas
  (a) A petition in an action under this subchapter must state the grounds on which review is sought. (b) A petition for judicial review does ...
• Texas Labor Code Section 212.206 - Commission Considered Party To Judicial Review; Notice Of Petition
  (a) The commission is considered a party to any judicial action involving a final decision of the commission. (b) A petition to bring an action ...
• Texas Labor Code Section 212.207 - Representation Of Commission
  The commission may be represented in any judicial action involving a final decision of the commission by any qualified attorney who: (1) is a regular ...
• Texas Labor Code Section 212.208 - Precedence Over Other Civil Actions
  An action under this subchapter shall be given precedence over all other civil cases except cases arising under the workers' compensation laws of this state. ...
• Texas Labor Code Section 212.210 - Appeal Bond Not Required
  An appeal bond is not required in an appeal from a decision of a trial court in an action under this subchapter. Acts 1993, 73rd ...
• Texas Labor Code Section 213.001 - Representation In Court
  (a) The attorney general shall designate an assistant attorney general to represent the commission and the state in a civil action to enforce this subtitle ...
• Texas Labor Code Section 213.002 - Prosecution Of Criminal Actions
  The prosecuting attorney for a county in which a criminal violation of this subtitle or a rule adopted under this subtitle is alleged to have ...
• Texas Labor Code Section 213.003 - Admissibility Of Certified Copy Of Commission Record
  In a civil or criminal proceeding brought under this subtitle, a certified copy of a document from commission records is admissible in evidence instead of ...
• Texas Labor Code Section 213.004 - Admissibility Of Report Or Audit; Prima Facie Evidence
  (a) In a judicial proceeding in which the establishment or collection of a contribution, penalty, or interest is sought because an employer does not pay ...
• Texas Labor Code Section 213.005 - Costs Adjudged Against State Or Commission
  The commission shall pay from the administration fund established under Subchapter D, Chapter 203, costs adjudged against the state or the commission in a suit ...
• Texas Labor Code Section 213.006 - Priority Of Claim For Contribution
  If an employer's assets are distributed under a court order issued under the laws of this state, including a receivership, assignment for benefit of creditors, ...
• Texas Labor Code Section 213.007 - Collateral Estoppel Doctrine Inapplicable
  A finding of fact, conclusion of law, judgment, or final order made under this subtitle is not binding and may not be used as evidence ...
• Texas Labor Code Section 213.008 - Election Of Collection Remedies
  An action taken under this chapter is not an election by the commission to pursue a particular remedy or action under this chapter to the ...
• Texas Labor Code Section 213.009 - Commission Enforcement Of Out-Of-State Judgment
  (a) A qualified attorney who is a regular salaried employee of the commission may represent an employment security agency of another state in a proceeding ...
• Texas Labor Code Section 213.010 - Notice To Indian Tribes
  A notice of payment or notice of delinquency provided to an Indian tribe under this chapter must inform the Indian tribe that failure to make ...
• Texas Labor Code Section 213.021 - Interest On Past Due Contribution
  (a) An employer who does not pay a contribution on or before the date prescribed by the commission is liable to the state for interest ...
• Texas Labor Code Section 213.022 - Penalty For Failure To File Report
  An employer who does not file a report of wages paid or contributions due as required by this subtitle or commission rule shall pay to ...
• Texas Labor Code Section 213.023 - Penalty For Other Violation
  An employing unit shall pay a penalty of $30 if a civil penalty is not otherwise provided by this subtitle and the employing unit: (1) ...
• Texas Labor Code Section 213.024 - Penalty For Continuing Violation
  (a) In addition to the penalty imposed under Section 213.023, an employing unit shall pay a penalty of $30 for each consecutive day that a ...
• Texas Labor Code Section 213.025 - Additional Interest On Judgment Or Final Assessment For Past Due Contribution
  For a judgment or final assessment that grants recovery of the amount of a contribution and the amount of interest computed at the maximum rate ...
• Texas Labor Code Section 213.031 - Collection Required; Methods
  If after notice an employer does not pay a contribution or a penalty or interest on a contribution, the commission shall collect the amount due ...
• Texas Labor Code Section 213.032 - Service Of Notice Of Assessment; Contents As Prima Facie Evidence; Judicial Review; Effect
  (a) A notice of assessment shall be served in the manner provided by law for service of process on a defendant in a civil action ...
• Texas Labor Code Section 213.033 - Limitations
  (a) The commission may not begin a civil action in court or make an assessment under this subchapter to collect a contribution, a penalty, or ...
• Texas Labor Code Section 213.034 - Statement As Evidence In Civil Action; Denial
  (a) If a civil action filed under this subchapter is supported by a statement, report, or audit issued by the commission and the commission certifies ...
• Texas Labor Code Section 213.035 - Costs
  Unless the employer prevails in a civil action brought under this subchapter or the notice of assessment is reversed by a reviewing court, the employer ...
• Texas Labor Code Section 213.036 - Abstract Of Judgment; Abstract Of Assessment; Fee; Release
  (a) The commission shall pay the fee for filing and recording an abstract of a judgment or an abstract of an assessment against an employer ...
• Texas Labor Code Section 213.051 - Forfeiture Of Right To Employ Individuals In This State; Bond
  (a) After a judgment is entered against an employer for a contribution, a penalty, or interest or an assessment against an employer under this chapter ...
• Texas Labor Code Section 213.052 - Injunction Restraining Certain Violations
  (a) If an individual or employing unit appears to be violating or threatening to violate this subtitle or any rule or order of the commission ...
• Texas Labor Code Section 213.053 - Violation Of Injunction; Receiver
  (a) If an individual or an employing unit violates an injunction granted under this subtitle, the court on its own motion or the commission's motion ...
• Texas Labor Code Section 213.054 - Offset Against State Warrant
  Any contribution, penalty, interest, or court cost owed by an employer under this subtitle is a debt owed by the employer to the state under ...
• Texas Labor Code Section 213.055 - Audit Of Employer
  (a) The commission may employ an auditor or other person to determine the amount of a contribution due and prepare a report due from an ...
• Texas Labor Code Section 213.056 - Estimated Taxable Wages If Report Not Filed
  (a) If an employer does not make a report to the commission that is required by this subtitle or by commission rule, the commission may ...
• Texas Labor Code Section 213.057 - Tax Lien
  (a) The amount due from an employing unit under this subtitle is secured by a lien on property belonging to the employing unit or to ...
• Texas Labor Code Section 213.058 - Additional Tax Lien Enforced By Commission
  (a) The amount due from an employing unit to the commission under this subtitle is secured by a lien on property belonging to the employing ...
• Texas Labor Code Section 213.059 - Delinquency; Notice Of Levy
  (a) If a person is delinquent in the payment of any amount, including contributions, penalties, and interest due under this subtitle, the commission may notify ...
• Texas Labor Code Section 213.060 - Enforcement Against Indian Tribe
  (a) Services performed for an Indian tribe that fails to make a required payment, including payment of a penalty and interest, are not considered, after ...
• Texas Labor Code Section 213.071 - Credit Or Refund Of Overpayment
  (a) The commission shall allow the employing unit on application under Section 213.072 to adjust its contribution payments then due for a contribution or penalty ...
• Texas Labor Code Section 213.072 - Application
  (a) An employing unit that pays the commission a contribution or penalty that is allegedly due and that later is determined not due, in whole ...
• Texas Labor Code Section 213.073 - Appeal Of Commission Determination
  (a) If the commission denies a timely application made under this subchapter, the employing unit may bring an action in a court of competent jurisdiction ...
• Texas Labor Code Section 213.074 - Interest Not Allowed
  Interest is not allowed on an adjustment or refund made under this subchapter or a recovery made in a court action filed under this subchapter. ...
• Texas Labor Code Section 213.075 - Adjustment Or Refund On Commission Initiative
  The commission may make an adjustment or refund on its own initiative under this subchapter within the period prescribed by this subchapter. Acts 1993, 73rd ...
• Texas Labor Code Section 214.001 - Fraudulently Obtaining Benefits Or Other Payment
  (a) A person commits an offense if, to obtain or increase a benefit or other payment, either for the person or another person, under this ...
• Texas Labor Code Section 214.002 - Liability For Improperly Obtaining Benefits
  (a) A person who has received improper benefits is liable for the amount of the improper benefits. The commission may recover improper benefits by: (1) ...
• Texas Labor Code Section 214.003 - Forfeiture Or Cancellation Of Benefits Paid And Remaining Benefits
  (a) If, by wilful nondisclosure or misrepresentation of a material fact, whether the nondisclosure or misrepresentation is made by the person or for the person ...
• Texas Labor Code Section 214.004 - Fraudulently Avoiding Contribution Or Payment Of Benefits
  (a) A person commits an offense if the person makes a false representation, knowing it to be false, or knowingly fails to disclose a material ...
• Texas Labor Code Section 214.005 - Failure Or Refusal To Make Contribution Or Other Payment
  (a) A person commits an offense if the person wilfully fails or refuses to make a contribution or other payment required from an employing unit ...
• Texas Labor Code Section 214.006 - Offenses Regarding Reports And Records
  (a) A person commits an offense if the person wilfully fails or refuses to: (1) furnish a report required under this subtitle; or (2) produce ...
• Texas Labor Code Section 214.007 - General Offense
  (a) A person commits an offense if the person wilfully violates a provision of this subtitle or a rule adopted under this subtitle: (1) the ...
• Texas Labor Code Section 215.001 - Definitions
  In this chapter: (1) "Affected unit" means a unit of two or more employees, including a department or shift, designated by an employer to participate ...
• Texas Labor Code Section 215.002 - Shared Work Unemployment Compensation Program
  (a) The commission, under a voluntary shared work unemployment compensation program designed to reduce unemployment and stabilize the work force, shall allow participating employees shared ...
• Texas Labor Code Section 215.021 - Approval Required For Employer Plan
  (a) Before an employer may participate in the shared work program, the commission must approve the employer's shared work plan. The plan must be submitted ...
• Texas Labor Code Section 215.022 - Requirements Of Shared Work Plan
  (a) The commission may approve a shared work plan if: (1) the plan: (A) applies to and identifies a specific affected unit; (B) identifies the ...
• Texas Labor Code Section 215.023 - Approval Or Denial Of Shared Work Plan; Notice
  (a) The commission shall approve or deny a shared work plan in writing not later than the 30th day after the date the commission receives ...
• Texas Labor Code Section 215.024 - Effective Date Of Shared Work Plan; Expiration Or Termination
  (a) A shared work plan takes effect on the date the commission approves the plan. (b) A shared work plan expires on the last day ...
• Texas Labor Code Section 215.025 - Modification Of Shared Work Plan
  (a) An employer may modify a shared work plan to meet changed conditions if the modification conforms to the basic provisions of the plan as ...
• Texas Labor Code Section 215.026 - Participating Employer's Report On Plan Operation
  A participating employer shall: (1) monitor and evaluate the operation of its established shared work plan as requested by the commission; and (2) report the ...
• Texas Labor Code Section 215.041 - Employee's Eligibility For Shared Work Benefits
  (a) Notwithstanding any other provision of this subtitle, an individual is unemployed for the purposes of this subtitle in a week in which the individual ...
• Texas Labor Code Section 215.042 - Shared Work Benefits Formula
  (a) The commission shall pay an individual who is eligible for shared work benefits a weekly shared work benefit in an amount equal to the ...
• Texas Labor Code Section 215.043 - Limitations On Benefits
  (a) An individual is not entitled to receive shared work benefits and regular unemployment compensation benefits that exceed the maximum total benefits payable to the ...
• Texas Labor Code Section 215.044 - Extended Benefits
  An individual who has received all of the shared work benefits and regular unemployment compensation benefits available in a benefit year is an individual who ...
• Texas Labor Code Section 301.001 - Purpose; Agency Goals; Definitions
  (a) The Texas Workforce Commission is a state agency established to operate an integrated workforce development system in this state, in particular through the consolidation ...
• Texas Labor Code Section 301.0015 - Guidelines Regarding Functions Of Commission And Staff
  (a) In administering its functions under this title or another law, the commission shall limit its activities to: (1) setting commission policies, including policies that ...
• Texas Labor Code Section 301.002 - Membership Requirements
  (a) The commission is composed of three members: (1) one member who is a representative of labor; (2) one member who is a representative of ...
• Texas Labor Code Section 301.003 - Member Restrictions
  (a) In this section: (1) "Business" does not mean personal investment in real property, financial instruments or tangible assets, or the provision of personal services, ...
• Texas Labor Code Section 301.004 - Effect Of Lobbying Activity
  A person may not be a member of the commission or act as the general counsel to the commission if the person is required to ...
• Texas Labor Code Section 301.005 - Terms; Vacancy
  (a) Members of the commission are appointed for staggered six-year terms, with one member's term expiring on February 1 of each odd-numbered year. (b) A ...
• Texas Labor Code Section 301.006 - Chair
  (a) The governor shall designate the chair of the commission from among the members of the commission. The chair shall serve in that capacity at ...
• Texas Labor Code Section 301.007 - Removal Of Commission Members
  (a) It is a ground for removal from the commission that a member: (1) during any 60-day period, is absent from each commission meeting for ...
• Texas Labor Code Section 301.0075 - Member Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as ...
• Texas Labor Code Section 301.008 - Application Of Sunset Act
  The Texas Workforce Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission ...
• Texas Labor Code Section 301.009 - Commission Divisions
  (a) The commission shall have: (1) a division of workforce development; and (2) a division of unemployment compensation. (b) In addition to the divisions listed ...
• Texas Labor Code Section 301.021 - Donations
  (a) The commission may accept a donation of services, money, or property that the commission determines furthers the lawful objectives of the commission. The donation ...
• Texas Labor Code Section 301.022 - Audit
  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 301.023 - Complaints Against Commission
  (a) The commission shall maintain a file on each written complaint filed with the commission. The file must include: (1) the name of the person ...
• Texas Labor Code Section 301.024 - Official Seal; Use Of Facsimiles
  (a) The commission has an official seal. A court shall take judicial notice of the seal. (b) The commission may execute, certify, authenticate, or sign, ...
• Texas Labor Code Section 301.041 - Executive Director; Agency Personnel
  (a) The commission shall appoint an executive director to administer the daily operations of the commission in compliance with federal law. (b) A reference in ...
• Texas Labor Code Section 301.042 - Access To Certain Criminal History Record Information
  (a) The commission may request an applicant for a security sensitive position to provide either a complete set of fingerprints or the applicant's complete name, ...
• Texas Labor Code Section 301.043 - Standards Of Conduct Information
  The executive director or the executive director's designee shall provide to the members of the commission and employees of the commission, as often as necessary, ...
• Texas Labor Code Section 301.044 - Career Ladder
  The executive director shall develop an intra-agency career ladder program for employees of the commission. The program shall require the intra-agency posting of all nonentry-level ...
• Texas Labor Code Section 301.045 - Equal Employment Opportunity Policies
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Labor Code Section 301.046 - State Employee Incentive Program Information And Training
  The executive director or the executive director's designee shall provide to commission employees information and training on the benefits and methods of participation in the ...
• Texas Labor Code Section 301.047 - Commission Employees Accountable To Executive Director
  In performing functions required or authorized by law, employees of the commission are directly accountable to the executive director. Added by Acts 2003, 78th Leg., ...
• Texas Labor Code Section 301.061 - General Powers And Duties Of Commission And Executive Director
  (a) The commission shall provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of ...
• Texas Labor Code Section 301.0611 - Coordination Of Certain Awards And Incentives
  The commission, in cooperation with the Texas Education Agency, the comptroller, and the Texas Higher Education Coordinating Board, shall prepare and make available to the ...
• Texas Labor Code Section 301.0615 - Application Of Administrative Procedure Act
  (a) Except as otherwise provided by this title, a hearing conducted under this title is not subject to: (1) Section 2001.038, Government Code; or (2) ...
• Texas Labor Code Section 301.062 - Findings
  Both the commission and the executive director may make findings and determine issues under this title as necessary to administer this title. Acts 1993, 73rd ...
• Texas Labor Code Section 301.063 - State And Federal Cooperation
  (a) The commission is designated as the agency of this state for implementation in this state of: (1) the Wagner-Peyser Act (29 U.S.C. Section 49 ...
• Texas Labor Code Section 301.064 - Interpreter Services; Bilingual Forms
  (a) The executive director shall provide language interpreters for agency programs through a comprehensive language services program for persons whose primary language is Spanish and ...
• Texas Labor Code Section 301.065 - Annual Report
  (a) As soon as practicable after the close of each fiscal year, the commission shall submit to the governor and the legislature a report on ...
• Texas Labor Code Section 301.066 - Publications
  (a) The executive director shall print: (1) the text of Subtitle A; (2) the commission's rules; and (3) the commission's annual report to the governor ...
• Texas Labor Code Section 301.067 - Tax Assistance; Information On Earned Income Tax Credit
  (a) The commission may work in conjunction with the Internal Revenue Service to make certain offices of the commission volunteer income tax assistance sites during ...
• Texas Labor Code Section 301.0671 - Federal Work Opportunity Tax Credit And State Tax Refund For Certain Employers
  (a) The commission is the lead agency in promoting awareness of the federal work opportunity tax credit program and the state tax refund for employers ...
• Texas Labor Code Section 301.0675 - Pilot Program; Texas-Mexico Border Region Technology Training
  (a) In this section, "Texas-Mexico border region" has the meaning assigned by Section 2056.002(e), Government Code. (b) The commission by rule may establish and implement ...
• Texas Labor Code Section 301.0681 - Policy On Technological Solutions
  The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the ...
• Texas Labor Code Section 301.0682 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ...
• Texas Labor Code Section 301.069 - Partnership With Business Community
  To meet the needs of businesses in this state and to equip workers and job seekers with the skills required to compete for jobs in ...
• Texas Labor Code Section 301.071 - Investigative And Subpoena Powers
  (a) In discharging duties imposed under this title, an appeal tribunal established under this title, an examiner or other hearings officer employed or appointed by ...
• Texas Labor Code Section 301.072 - Enforcement Of Subpoena; Offense; Penalties
  (a) If a person is guilty of contumacy or refuses to obey a subpoena issued by a member of the commission or an authorized representative ...
• Texas Labor Code Section 301.073 - Self-Incrimination
  (a) In any cause or proceeding before the commission, a person is not excused from attending and testifying, from producing books, papers, correspondence, memoranda, and ...
• Texas Labor Code Section 301.074 - Defamation
  An oral or written statement made to the commission or to an employee of the commission in connection with the discharge of the commission's or ...
• Texas Labor Code Section 301.081 - Employee Records Of Employing Unit; Offense; Penalty
  (a) Each employing unit shall keep employment records containing information as prescribed by the commission and as necessary for the proper administration of this title. ...
• Texas Labor Code Section 301.082 - Copies Of Records
  (a) The executive director may furnish a photostatic or certified copy of a record in the commission's possession to a person entitled to receive a ...
• Texas Labor Code Section 301.083 - Access To Records By Railroad Retirement Board
  (a) The executive director may make state records relating to the administration of Subtitle A available to the Railroad Retirement Board. (b) The executive director ...
• Texas Labor Code Section 301.084 - Destruction Of Records
  The executive director may destroy any of the records of the agency under safeguards that protect the confidential nature of the records if the executive ...
• Texas Labor Code Section 301.101 - Definition
  In this subchapter, "wages" has the meaning assigned by Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986 (26 U.S.C. Section 51). Added by ...
• Texas Labor Code Section 301.102 - Tax Refund Voucher
  (a) The commission shall issue a tax refund voucher in the amount allowed by this subchapter and subject to the restrictions imposed by this subchapter ...
• Texas Labor Code Section 301.103 - Amount Of Refund; Limitation
  (a) The amount of the refund allowed under this subchapter is equal to 20 percent of the total wages, up to a maximum of $10,000 ...
• Texas Labor Code Section 301.104 - Eligibility
  A person is eligible for the refund for wages paid or incurred by the person, during each calendar year for which the refund is claimed, ...
• Texas Labor Code Section 301.105 - Certification
  A person is not eligible for the refund for wages paid or incurred by the person unless the person has received a written certification from ...
• Texas Labor Code Section 301.106 - Application For Refund; Issuance
  (a) A person may apply for a tax refund voucher for wages paid an employee in a calendar year only on or after January 1 ...
• Texas Labor Code Section 301.107 - Rules
  (a) The commission shall adopt rules as necessary to carry out its powers and duties under this subchapter. (b) The Texas Department of Human Services ...
• Texas Labor Code Section 301.108 - Limitation On Conveyance, Assignment, Or Transfer Of Refund
  A person may convey, assign, or transfer a refund under this subchapter to another person only if: (1) the employing unit is sold, conveyed, assigned, ...
• Texas Labor Code Section 301.151 - Definitions
  In this subchapter: (1) "Director" means the director of the division. (2) "Division" means the civil rights division of the commission. (3) "Human rights commission" ...
• Texas Labor Code Section 301.152 - General Provisions
  (a) The division is an independent division in the commission. The division shall be responsible for administering Chapter 21 of this code and Chapter 301, ...
• Texas Labor Code Section 301.153 - Human Rights Commission
  (a) The division is governed by the human rights commission, which consists of seven members as follows: (1) one member who represents industry; (2) one ...
• Texas Labor Code Section 301.154 - Director
  (a) The director shall be appointed by the human rights commission to administer the powers and duties of the division. (b) To be eligible for ...
• Texas Labor Code Section 301.155 - Investigator Training Program; Procedures Manual
  (a) A person who is employed under this chapter by the division as an investigator may not conduct an investigation until the person completes a ...
• Texas Labor Code Section 301.156 - Analysis Of Discrimination Complaints; Report
  (a) The division shall collect and report statewide information relating to employment and housing discrimination complaints as required by this section. (b) Each state fiscal ...
• Texas Labor Code Section 301.171 - Cooperation With Texas Education Agency To Improve Adult Education And Literacy Services
  The commission shall collaborate with the Texas Education Agency to improve the coordination and implementation of adult education and literacy services in this state. Added ...
• Texas Labor Code Section 302.001 - Definitions
  In this chapter: (1) "Director" means the director of the division. (2) "Division" means the division of workforce development of the commission. Added by Acts ...
• Texas Labor Code Section 302.002 - General Workforce Development Powers And Duties Of Commission And Executive Director
  (a) The executive director shall: (1) to the extent feasible under federal law, consolidate the administrative and programmatic functions of the programs under the authority ...
• Texas Labor Code Section 302.0025 - Employment Plan And Postemployment Strategies
  (a) The commission shall ensure that an individual employment plan developed for a recipient of financial assistance participating in an employment program under Chapter 31, ...
• Texas Labor Code Section 302.0026 - Employment Services Referral Program
  (a) The commission and local workforce development boards shall develop an employment services referral program for recipients of financial assistance who participate in employment programs ...
• Texas Labor Code Section 302.0027 - Financial Literacy Training
  (a) The commission and local workforce development boards shall ensure that each workforce development program offered in this state includes training in financial literacy. (b) ...
• Texas Labor Code Section 302.003 - Job Retention And Reemployment Assistance
  The division may provide ongoing job retention and reemployment assistance for a recipient of public assistance who has participated in a job training program. Added ...
• Texas Labor Code Section 302.0034 - Employment Assistance Program For Certain Families Of Military Personnel
  (a) The commission shall provide employment assistance services, including job placement and other employment-related services, to the spouses and dependents of military personnel who are ...
• Texas Labor Code Section 302.0035 - Employment Assistance Program For Certain Parents
  The commission shall provide employment assistance services, including skills training, job placement, and employment-related services, to a person referred to the commission by: (1) the ...
• Texas Labor Code Section 302.0036 - Transportation Assistance
  (a) To the extent funds are available, the commission and local workforce development boards shall provide transportation assistance to recipients of financial assistance participating in ...
• Texas Labor Code Section 302.0037 - Maximizing Federal Funds For Transportation Assistance
  (a) The commission and local workforce development boards shall maximize the state's receipt of federal funds available to provide transportation assistance to recipients of financial ...
• Texas Labor Code Section 302.0038 - Housing Resources For Certain Recipients Of Financial Assistance
  (a) The commission, in cooperation with local workforce development boards, shall, for a recipient of financial assistance participating in an employment program under Chapter 31, ...
• Texas Labor Code Section 302.004 - Funds For Job Training, Employment Services, And Child Care
  In providing job training and employment services and child care to eligible persons, the commission, notwithstanding the provisions in this chapter or other law, may ...
• Texas Labor Code Section 302.0041 - Child-Care Demonstration Project Grants
  (a) The commission may make grants available on a one-time basis to local workforce development boards to enable the boards to design and implement child-care ...
• Texas Labor Code Section 302.0042 - Evaluation Of Allocation Formulas For Child Care Development Funds
  (a) The commission shall annually evaluate the formulas used by the commission to distribute federal child care development funds to local workforce development boards in ...
• Texas Labor Code Section 302.0043 - Evaluation Of Effectiveness Of Subsidized Child Care Program
  (a) To evaluate the effectiveness of the commission's child care program in helping parents who receive subsidized child care to maintain employment, the commission shall ...
• Texas Labor Code Section 302.0044 - Wage Tracking Of Tanf Choices Program Recipients
  (a) The commission, in consultation with local workforce development boards, shall compile the following information with regard to each recipient of employment services under the ...
• Texas Labor Code Section 302.0045 - Quality Initiatives By Commission
  (a) The commission shall collect state and local information relating to the effectiveness of the use of four percent quality dollars by local workforce development ...
• Texas Labor Code Section 302.0046 - Notice Regarding Termination Of Certain Child-Care Services
  (a) The commission shall direct each local workforce development board to notify a working poor subsidy recipient who resides in that board's local workforce development ...
• Texas Labor Code Section 302.005 - Child-Care Training Center Pilot Programs
  (a) The commission shall establish four pilot programs in which the division shall certify day-care facilities licensed under Chapter 42, Human Resources Code, as training ...
• Texas Labor Code Section 302.0055 - Pilot Program
  (a) The commission shall establish a pilot program to assist teachers in retaining employment in the field of child care. In establishing and administering the ...
• Texas Labor Code Section 302.006 - Professional Child-Care Training Scholarships, Bonuses, And Wage Supplementation
  (a) The commission may develop and administer a program under which the commission awards scholarships in the amount of $1,000 each for professional child-care training ...
• Texas Labor Code Section 302.007 - Report On Trade Adjustment Programs
  (a) The commission shall submit an annual report to the legislature on the effectiveness of federal programs designed to provide trade adjustment assistance to persons ...
• Texas Labor Code Section 302.008 - Statewide Technology Workforce Campaign
  The commission shall develop an information and marketing campaign designed to encourage residents of the state to enter the technology workforce. The campaign shall target ...
• Texas Labor Code Section 302.009 - Job Placement Incentive Program
  (a) The commission by rule shall develop a job placement incentive program under which persons with whom local workforce development boards contract for employment services ...
• Texas Labor Code Section 302.010 - Postemployment Services Guidelines
  (a) The commission by rule shall develop guidelines under which local workforce development boards provide postemployment services to a recipient of financial assistance participating in ...
• Texas Labor Code Section 302.011 - Postemployment Case Management And Mentoring
  The commission shall encourage local workforce development boards to provide postemployment case management services for and use mentoring techniques to assist recipients of financial assistance ...
• Texas Labor Code Section 302.012 - Monitoring Of Employment History Of Certain Former Recipients Of Public Assistance
  (a) The division shall develop and implement a system to monitor the long-term employment history of persons who are former recipients of assistance under employment ...
• Texas Labor Code Section 302.013 - Local Workforce Development Board Advisory Committee
  (a) In this section, "advisory committee" means the local workforce development board advisory committee created under this section. (b) The organization composed of a member ...
• Texas Labor Code Section 302.014 - Job Training Or Employment Assistance Programs, Services, And Preferences Available To Veterans
  (a) In this section, "veteran" has the meaning assigned by Section 657.002(c), Government Code. (b) A veteran qualifies for a preference under this section if ...
• Texas Labor Code Section 302.021 - Consolidation Of Workforce Development Programs
  (a) The following job-training, employment, and employment-related educational programs and functions are consolidated under the authority of the commission: (1) career school and college programs ...
• Texas Labor Code Section 302.022 - Client Accessibility
  The director shall develop a uniform, statewide client application and enrollment process to determine an applicant's eligibility for workforce training and services funded through the ...
• Texas Labor Code Section 302.023 - Delegation Of Functions
  The executive director shall delegate all or part of the administration of a program listed under Section 302.021 that is eligible for block grant funding ...
• Texas Labor Code Section 302.041 - State-Local Planning Process
  The director shall design and implement a state-local planning process for workforce training and services provided through the programs under the jurisdiction of the division. ...
• Texas Labor Code Section 302.042 - Review Of Local Plans; Recommendations
  The commission shall review the local plans developed under Section 2308.304, Government Code, and shall make recommendations to the council regarding the implementation of those ...
• Texas Labor Code Section 302.043 - Training For Local Workforce Development Board Members
  (a) The division shall provide management and board development training for all members of local workforce development boards that includes information regarding client eligibility determination, ...
• Texas Labor Code Section 302.044 - Outreach Activities
  The commission shall require that local workforce development boards participate in outreach activities provided by the commission that are designed by the commission to allow ...
• Texas Labor Code Section 302.045 - Sanctions Plan
  The commission shall adopt a detailed and understandable plan to be used by local workforce development boards in the implementation of the sanction process. The ...
• Texas Labor Code Section 302.046 - Plan Regarding Lack Of Service Providers
  (a) The commission shall adopt a plan to address the lack of service providers in specific local workforce development areas. (b) The plan adopted under ...
• Texas Labor Code Section 302.047 - Flexibility Rating System For Commission Directives
  (a) The commission shall develop and implement a flexibility rating system for directives sent by the commission to local workforce development boards. A rating assigned ...
• Texas Labor Code Section 302.048 - Assessment Of Local Workforce Development Board's Capacity To Oversee And Manage Local Funds And Delivery Of Services
  (a) In consultation with local workforce development boards, the commission by rule shall establish criteria to be used by the commission to evaluate each local ...
• Texas Labor Code Section 302.061 - Administration Funding
  Unless superseded by federal law, the commission may use an amount not to exceed 20 percent of the amount of funds available to the commission ...
• Texas Labor Code Section 302.062 - Block Grants To Local Workforce Development Areas
  (a) Effective July 1, 1996, the commission shall provide to the local workforce development areas in which local workforce development boards have been certified and ...
• Texas Labor Code Section 302.063 - Waivers
  The commission shall develop objective criteria for the granting of waivers allowed under this chapter. Added by Acts 1995, 74th Leg., ch. 655, § 11.03, ...
• Texas Labor Code Section 302.064 - Collaboration With Local Boards
  (a) The commission shall collaborate with local workforce development boards when determining the use of funds at the local level. (b) The commission shall develop ...
• Texas Labor Code Section 302.065 - Integration Of Block Grant Programs And Workforce Services
  (a) To streamline the delivery of services provided in local career development centers, the commission and local workforce boards shall integrate the administration of the ...
• Texas Labor Code Section 302.081 - Maintenance And Operation Of Workforce Development Evaluation System
  (a) The commission shall maintain and operate an automated follow-up and evaluation system derived from appropriate available information, including: (1) unemployment insurance wage records maintained ...
• Texas Labor Code Section 302.082 - Information And Data For Evaluation System
  (a) Each state agency represented on the council shall provide information to support the commission's follow-up and evaluation system as requested. (b) Evaluation data in ...
• Texas Labor Code Section 302.083 - Analysis
  (a) At least annually, the commission shall issue an analysis, by occupation and by the provider of the job placement performance, of each workforce development ...
• Texas Labor Code Section 302.084 - Use By Texas Higher Education Coordinating Board
  The Texas Higher Education Coordinating Board shall use the job placement information received under this subchapter and other information to: (1) evaluate the effectiveness of ...
• Texas Labor Code Section 302.085 - Use By Council And Workforce Development Board
  The council and each local workforce development board shall use the information developed under this subchapter and other information to determine whether a specific workforce ...
• Texas Labor Code Section 302.086 - Use Of Evaluation System
  The follow-up and evaluation system shall be used to assist the commission, the council, local workforce development boards, institution boards, the Texas Higher Education Coordinating ...
• Texas Labor Code Section 302.101 - Training Stabilization Fund
  (a) The training stabilization fund is established as a special trust fund outside of the state treasury in the custody of the comptroller separate and ...
• Texas Labor Code Section 303.001 - Purpose; Definitions
  (a) The purpose of this chapter is to remove administrative barriers that impede the response of public community and technical colleges, community-based organizations, and the ...
• Texas Labor Code Section 303.002 - Waiver
  (a) The commission may review and recommend to the legislature the waiver of any requirements set forth in Title 3, Education Code, as they may ...
• Texas Labor Code Section 303.003 - Skills Development Fund
  (a) To achieve the purposes of this chapter, the skills development fund is created. The fund is composed of: (1) money transferred into the fund ...
• Texas Labor Code -
  § 303.0035. USE OF MONEY IN HOLDING FUND (GENERAL REVENUE ACCOUNT 5069) FOR SKILLS DEVELOPMENT. Money in the holding fund (general revenue account ...
• Texas Labor Code Section 303.004 - Fund Review
  The Texas Higher Education Coordinating Board shall review all customized training programs biennially to verify that state funds are being used appropriately by public community ...
• Texas Labor Code Section 303.005 - Participation In Additional Programs; Application Requirements; Priority
  (a) An employer may not apply both to a public community or technical college for customized training and assessment from the college through a grant ...
• Texas Labor Code Section 303.006 - Reporting Requirements
  (a) In this section: (1) "Employee" means an individual who performs services for another under a contract of hire, whether express or implied, or oral ...
• Texas Labor Code Section 304.001 - Definition
  In this chapter, "displaced homemaker" means a person who: (1) has worked without pay as a homemaker for the person's family; (2) is not gainfully ...
• Texas Labor Code Section 304.002 - Job Counseling Program
  (a) The commission, through a special assistance job counseling program, shall: (1) provide counseling for displaced homemakers; (2) assist displaced homemakers in obtaining training and ...
• Texas Labor Code Section 304.003 - Personnel; Office
  The commission shall use its personnel, services, facilities, and equipment to operate the job counseling program. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 304.004 - Cooperation By State Agencies And Political Subdivisions
  State agencies and political subdivisions of the state shall cooperate with the commission in obtaining suitable employment for displaced homemakers counseled by the commission. Acts ...
• Texas Labor Code Section 304.005 - Home Ownership Counseling For Displaced Workers
  (a) The commission shall provide written notice in English and in Spanish of eligibility for home ownership counseling under federal law to each worker residing ...
• Texas Labor Code Section 305.001 - Purpose
  The purpose of the Texas Career Opportunity Grant Program is to help ensure a qualified workforce to meet the needs of this state by reducing ...
• Texas Labor Code Section 305.002 - Definitions
  In this chapter: (1) "Commission" means the Texas Workforce Commission. (2) "Coordinating board" means the Texas Higher Education Coordinating Board. (3) "Eligible institution" means a ...
• Texas Labor Code Section 305.021 - Tuition Assistance Grant; Amount Of Grant
  (a) The commission may provide tuition assistance grants to Texas residents enrolled in a qualified education program at an eligible institution. (b) In selecting applicants ...
• Texas Labor Code Section 305.022 - Limitations On Grant Amount
  (a) The amount of a grant under this chapter may not exceed the lower of: (1) the maximum grant amount, if any, specified by the ...
• Texas Labor Code Section 305.023 - Approval Of Institutions
  The commission shall approve a career school or college for its students to participate in the grant program established under this chapter if the school ...
• Texas Labor Code Section 305.024 - Qualified Education Programs
  For purposes of this chapter, a qualified education program is a postsecondary course of instruction in a specific career field that: (1) is at least ...
• Texas Labor Code Section 305.025 - Nondiscrimination
  The commission in administering this chapter shall ensure compliance with Title VI, Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), as amended, ...
• Texas Labor Code Section 305.026 - Application; Eligibility For Grant
  (a) To receive a grant under this chapter, a person must apply to the eligible institution in which the person enrolls in the manner provided ...
• Texas Labor Code Section 305.027 - Payment Of Grant
  (a) On receipt of an enrollment report for a student awarded a grant under this chapter and certification of the amount of the student's financial ...
• Texas Labor Code Section 305.028 - Adoption And Distribution Of Rules
  (a) The commission may adopt reasonable rules to administer and enforce this chapter. (b) The commission shall distribute a copy of the rules to each ...
• Texas Labor Code Section 305.029 - Annual Report
  The commission shall prepare and deliver to the legislature an annual report regarding the grant program established under this chapter. The report shall include for ...
• Texas Labor Code Section 306.001 - Definitions
  In this chapter: (1) "Department" means the Texas Department of Criminal Justice. (2) "Correctional institutions division" means the correctional institutions division of the department. (3) ...
• Texas Labor Code Section 306.002 - Project Rio
  The project for reintegration of offenders is a statewide employment referral program designed to reintegrate into the labor force persons sentenced to the correctional institutions ...
• Texas Labor Code Section 306.003 - Administration
  The department, the Texas Youth Commission, and the commission shall cooperate to maximize the effectiveness of Project RIO. For that purpose, the commission shall administer ...
• Texas Labor Code Section 306.004 - Memorandum Of Understanding--Adoption
  (a) The department, the commission, and the Texas Youth Commission shall each adopt a memorandum of understanding that establishes the respective responsibilities of each agency ...
• Texas Labor Code Section 306.005 - Memorandum Of Understanding--Contents
  (a) The memorandum of understanding between the department and the commission must establish the role of: (1) the correctional institutions division in ascertaining and encouraging ...
• Texas Labor Code Section 306.006 - Project Director
  (a) The executive director shall designate the director of Project RIO to coordinate the efforts of the affected state agencies and expedite the delivery of ...
• Texas Labor Code Section 306.007 - Provision Of Information On State Services For Ex-Offenders And Employers
  (a) To assist in the reintegration into the labor force of persons formerly sentenced to the correctional institutions division or committed to the Texas Youth ...
• Texas Labor Code Section 306.008 - Data Sharing
  (a) To assist in the reintegration into the labor force of persons formerly sentenced to the correctional institutions division or committed to the Texas Youth ...
• Texas Labor Code Section 307.001 - Employment Service
  The commission is the agency of this state designated to cooperate with the United States Employment Service as necessary to perform the duties of this ...
• Texas Labor Code Section 307.002 - Employment Services Agreements
  (a) To ensure the establishment and maintenance of public employment offices under this chapter, the executive director may enter into an agreement with any political ...
• Texas Labor Code Section 307.003 - Employment Service Financing
  Money received by the state under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.) shall be deposited to the credit of the employment service ...
• Texas Labor Code Section 308.001 - Legislative Intent
  It is the intent of the legislature that this chapter is enacted to enlist employers in a partnership with this state to assist recipients of ...
• Texas Labor Code Section 308.002 - Definitions
  In this chapter: (1) "Division" means the division of workforce development of the commission. (2) "Employer" has the meaning assigned by Section 61.001. (3) "JOBS ...
• Texas Labor Code Section 308.003 - Texans Work Program
  (a) The Texans Work program is created as an integrated system of on-the-job training for certain persons who receive food stamps under the food stamp ...
• Texas Labor Code Section 308.004 - Training Courses; Approval
  (a) Each training course shall be designed by a local participating employer to meet the needs of that employer. The training course must instruct the ...
• Texas Labor Code Section 308.005 - Powers And Duties Of Commission And Division; Guidelines For Training Course Approval
  (a) The commission shall adopt rules as necessary to implement the program, including establishing the criteria for determining which persons described by Section 308.003(a) may ...
• Texas Labor Code Section 308.006 - Powers And Duties Of Texas Department Of Human Services
  The Texas Department of Human Services shall provide to the commission and a local workforce development board information and technical assistance as necessary to implement ...
• Texas Labor Code Section 308.007 - Rights And Duties Of Participating Employer
  (a) Each employer who participates in the program shall provide a work-training position for trainees under a contract entered into with the local workforce development ...
• Texas Labor Code Section 308.008 - Rights Of Regular Employees
  (a) Except as provided by Subsection (b), not more than 20 percent of an employer's workforce may consist of trainees under the program. (b) Subsection ...
• Texas Labor Code Section 308.009 - Rights And Duties Of Participating Trainees
  (a) Each trainee who participates in the program shall work during the training course not less than the minimum number of hours required under applicable ...
• Texas Labor Code Section 308.010 - Account
  (a) The Texas employment and training account is established as a special account in the general revenue fund. The account is composed of: (1) employer ...
• Texas Labor Code Section 308.011 - Training Stipend
  (a) The state shall pay to each trainee who demonstrates satisfactory participation in a training program approved under this chapter a monthly training stipend in ...
• Texas Labor Code Section 308.012 - Report; Records
  (a) The commission shall collect information and maintain records regarding: (1) the operation and outcome of the program; (2) impediments identified by the commission that ...
• Texas Labor Code Section 309.001 - Definitions
  In this chapter: (1) "Community-based organization" means a private nonprofit organization that is representative of a community or a significant segment of a community and ...
• Texas Labor Code Section 309.002 - Self-Sufficiency Fund
  (a) Subject to the availability of funds, the self-sufficiency fund is created as an account in the general revenue fund for use by public community ...
• Texas Labor Code Section 309.003 - Job-Training Programs
  (a) A job-training program financed by the fund: (1) must be specifically designed to: (A) ensure that participants meet applicable state and federal work requirements; ...
• Texas Labor Code Section 309.004 - Rulemaking Authority
  The commission shall adopt rules to implement this chapter, including rules to determine which recipients of financial assistance under Chapter 31, Human Resources Code, are ...
• Texas Labor Code Section 310.001 - Definitions
  In this chapter: (1) "Member" means a member of the child-care resource and referral network that provides child-care resource and referral services in this state. ...
• Texas Labor Code Section 310.002 - Child-Care Resource And Referral Network
  (a) The commission, through funds allocated to the commission as the agency designated to administer the grant under the Child Care and Development Block Grant ...
• Texas Labor Code Section 310.003 - Statewide Child-Care Needs Assessment
  (a) The network shall conduct a needs assessment to determine the supply of and demand for child-care services in this state and to identify discrepancies ...
• Texas Labor Code Section 310.004 - Resource Services
  The network, through its members, shall provide and continually update resource information regarding: (1) child-care and early childhood education services in this state; and (2) ...
• Texas Labor Code Section 310.005 - Referral Services
  (a) The network, through its members, shall provide referral services to: (1) a person who is seeking child-care and early childhood education services; and (2) ...
• Texas Labor Code Section 310.006 - Advertisement Of Services
  (a) The network, through its members, shall inform parents, child-care consumers, child-care providers, and employers located in the member's service area of: (1) the resource ...
• Texas Labor Code Section 310.007 - Collection Of Child-Care Data
  (a) The network, through its members, shall: (1) collect and continuously update statewide data regarding the supply of and demand for child-care and early childhood ...
• Texas Labor Code Section 310.008 - Rules
  The commission may adopt rules necessary to implement this chapter. Added by Acts 2001, 77th Leg., ch. 1445, § 1, eff. Sept. 1, 2001. ...
• Texas Labor Code Section 311.001 - Definitions
  In this chapter: (1) "Agency" means the Texas Education Agency. (2) "Certified program" means a career and technology secondary and postsecondary education program conducted under ...
• Texas Labor Code Section 311.002 - Certification Standards
  To be eligible for certification by the agency under this chapter, a program must: (1) be conducted under an organized, written plan embodying the terms ...
• Texas Labor Code Section 311.003 - Certified Program Agreements
  (a) A certified program must be conducted under a signed written agreement between each participant and the employer. The agreement may include the following: (1) ...
• Texas Labor Code Section 311.004 - Rulemaking
  (a) The agency and commission shall adopt rules as necessary to administer each entity's duties under this chapter. To the extent possible, the agency and ...
• Texas Labor Code Section 311.005 - Commission Duties; Local Workforce Development Boards
  (a) The commission shall: (1) administer its responsibilities under this chapter as part of the commission's workforce development system; (2) cooperate with other state agencies ...
• Texas Labor Code Section 401.001 - Short Title
  This subtitle may be cited as the Texas Workers' Compensation Act. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 401.003 - Activities Of The State Auditor
  (a) The division is subject to audit by the state auditor in accordance with Chapter 321, Government Code. The state auditor may audit: (1) the ...
• Texas Labor Code Section 401.011 - General Definitions
  In this subtitle: (1) "Adjuster" means a person licensed under Chapter 4101, Insurance Code. (2) "Administrative violation" means a violation of this subtitle, a rule ...
• Texas Labor Code Section 401.012 - Definition Of Employee
  (a) In this subtitle, "employee" means each person in the service of another under a contract of hire, whether express or implied, or oral or ...
• Texas Labor Code Section 401.013 - Definition Of Intoxication
  (a) In this subtitle, "intoxication" means the state of: (1) having an alcohol concentration to qualify as intoxicated under Section 49.01(2), Penal Code; or (2) ...
• Texas Labor Code Section 401.021 - Application Of Other Acts
  Except as otherwise provided by this subtitle: (1) a proceeding, hearing, judicial review, or enforcement of a commissioner order, decision, or rule is governed by ...
• Texas Labor Code Section 401.022 - Discrimination Prohibited
  (a) This subtitle may not be applied to discriminate because of race, sex, national origin, or religion. (b) This section does not prohibit consideration of ...
• Texas Labor Code Section 401.023 - Interest Or Discount Rate
  (a) Interest or a discount under this subtitle shall be computed at the rate provided by this section. (b) The division shall compute and publish ...
• Texas Labor Code Section 401.024 - Transmission Of Information
  (a) In this section, "electronic transmission" means the transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method. (b) Notwithstanding ...
• Texas Labor Code Section 401.025 - References To Commission And Executive Director
  (a) A reference in this code or other law to the Texas Workers' Compensation Commission or the executive director of that commission means the division ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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; ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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. ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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) ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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. ...
• Texas Labor Code Section 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. ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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., ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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) ...
• Texas Labor Code Section 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) ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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, ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 403.001 - Funds
  (a) Except as provided by Sections 403.006 and 403.007 or as otherwise provided by law, money collected under this subtitle, including administrative penalties and advance ...
• Texas Labor Code Section 403.002 - Maintenance Taxes
  (a) Each insurance carrier, other than a governmental entity, shall pay an annual maintenance tax to pay the costs of administering this subtitle and to ...
• Texas Labor Code Section 403.003 - Rate Of Assessment
  (a) The commissioner of insurance shall set and certify to the comptroller the rate of maintenance tax assessment taking into account: (1) any expenditure projected ...
• Texas Labor Code Section 403.004 - Collection Of Tax After Withdrawal From Business
  The commissioner or the commissioner of insurance immediately shall proceed to collect taxes due under this chapter from an insurance carrier that withdraws from business ...
• Texas Labor Code Section 403.005 - Tax Rate
  The commissioner of insurance shall annually adjust the rate of assessment of the maintenance tax imposed under Section 403.003 so that the tax imposed that ...
• Texas Labor Code Section 403.006 - Subsequent Injury Fund
  (a) The subsequent injury fund is a dedicated account in the general revenue fund. Money in the account may be appropriated only for the purposes ...
• Texas Labor Code Section 403.007 - Funding Of Subsequent Injury Fund
  (a) If a compensable death occurs and no legal beneficiary survives or a claim for death benefits is not timely made, the insurance carrier shall ...
• Texas Labor Code Section 404.001 - Definitions
  In this chapter: (1) "Office" means the office of injured employee counsel. (2) "Public counsel" means the injured employee public counsel. Added by Acts 2005, ...
• Texas Labor Code Section 404.002 - Establishment Of Office; Administrative Attachment To Texas Department Of Workers' Compensation
  (a) The office of injured employee counsel is established to represent the interests of workers' compensation claimants in this state. (b) The office is administratively ...
• Texas Labor Code Section 404.003 - Sunset Provision
  The office of injured employee counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ...
• Texas Labor Code Section 404.004 - Public Interest Information
  (a) The office shall prepare information of public interest describing the functions of the office. (b) The office shall make the information available to the ...
• Texas Labor Code Section 404.005 - Access To Programs And Facilities
  (a) The office shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access ...
• Texas Labor Code Section 404.006 - Rulemaking
  (a) The public counsel shall adopt rules as necessary to implement this chapter. (b) Rulemaking under this section is subject to Chapter 2001, Government Code. ...
• Texas Labor Code Section 404.051 - Appointment; Term
  (a) The governor, with the advice and consent of the senate, shall appoint the injured employee public counsel. The public counsel serves a two-year term ...
• Texas Labor Code Section 404.052 - Qualifications
  To be eligible to serve as public counsel, a person must: (1) be a resident of Texas; (2) be licensed to practice law in this ...
• Texas Labor Code Section 404.053 - Business Interest; Service As Public Counsel
  A person is not eligible for appointment as public counsel if the person or the person's spouse: (1) is employed by or participates in the ...
• Texas Labor Code Section 404.054 - Lobbying Activities
  A person may not serve as public counsel if the person is required to register as a lobbyist under Chapter 305, Government Code, because of ...
• Texas Labor Code Section 404.055 - Grounds For Removal
  (a) It is a ground for removal from office that the public counsel: (1) does not have at the time of appointment or maintain during ...
• Texas Labor Code Section 404.056 - Prohibited Representation Or Employment
  (a) A former public counsel may not make any communication to or appearance before the division, the department, the commissioner, the commissioner of insurance, or ...
• Texas Labor Code Section 404.057 - Trade Associations
  (a) In this section, "trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and ...
• Texas Labor Code Section 404.101 - General Duties
  (a) The office shall, as provided by this subtitle: (1) provide assistance to workers' compensation claimants; (2) advocate on behalf of injured employees as a ...
• Texas Labor Code Section 404.102 - General Powers And Duties Of Public Counsel
  The public counsel shall administer and enforce this chapter, including preparing and submitting to the legislature a budget for the office and approving expenditures for ...
• Texas Labor Code Section 404.103 - Operation Of Ombudsman Program
  (a) The office shall operate the ombudsman program under Subchapter D. (b) The public counsel shall assign staff attorneys, as the public counsel considers appropriate, ...
• Texas Labor Code Section 404.104 - Authority To Appear Or Intervene
  The public counsel: (1) may appear or intervene, as a party or otherwise, as a matter of right before the commissioner, commissioner of insurance, division, ...
• Texas Labor Code Section 404.105 - Authority To Assist Individual Injured Employees In Administrative Procedures
  The office, through the ombudsman program, may appear before the commissioner or division on behalf of an individual injured employee during an administrative dispute resolution ...
• Texas Labor Code Section 404.106 - Legislative Report
  (a) The office shall report to the governor, lieutenant governor, speaker of the house of representatives, and the chairs of the legislative committees with appropriate ...
• Texas Labor Code Section 404.107 - Access To Information By Public Counsel
  The public counsel: (1) is entitled to the same access as a party, other than division staff or department staff, to division or department records ...
• Texas Labor Code Section 404.108 - Legislative Recommendations
  The public counsel may recommend proposed legislation to the legislature that the public counsel determines would positively affect the interests of injured employees as a ...
• Texas Labor Code Section 404.109 - Injured Employee Rights; Notice
  The public counsel shall submit to the division and the department for adoption by the commissioners a notice of injured employee rights and responsibilities to ...
• Texas Labor Code Section 404.110 - Applicability Of Confidentiality Requirements
  Confidentiality requirements applicable to examination reports under Article 1.18, Insurance Code, and to the commissioner of insurance under Section 3A, Article 21.28-A, Insurance Code, apply ...
• Texas Labor Code Section 404.111 - Access To Information
  (a) The office may access information from an executive agency that is otherwise confidential under a law of this state if that information is necessary ...
• Texas Labor Code Section 404.151 - Ombudsman Program
  (a) The office shall maintain an ombudsman program as provided by this subchapter to assist injured employees and persons claiming death benefits in obtaining benefits ...
• Texas Labor Code Section 404.152 - Designation As Ombudsman; Eligibility And Training Requirements; Continuing Education Requirements
  (a) At least one specially qualified employee in each division office shall be an ombudsman designated by the office of injured employee counsel, who shall ...
• Texas Labor Code Section 404.153 - Employer Notification; Administrative Violation
  (a) Each employer shall notify its employees of the ombudsman program in the manner prescribed by the office. (b) An employer commits an administrative violation ...
• Texas Labor Code Section 404.154 - Public Information
  The office shall widely disseminate information about the ombudsman program. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Renumbered from V.T.C.A., ...
• Texas Labor Code Section 405.001 - Definition
  In this chapter, "group" means the workers' compensation research and evaluation group. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. ...
• Texas Labor Code Section 405.002 - Workers' Compensation Research Duties Of Department
  (a) The workers' compensation research and evaluation group is located within the department and serves as a resource for the commissioner of insurance on workers' ...
• Texas Labor Code Section 405.0025 - Research Duties Of Group
  (a) The group shall conduct professional studies and research related to: (1) the delivery of benefits; (2) litigation and controversy related to workers' compensation; (3) ...
• Texas Labor Code Section 405.0026 - Research Agenda
  (a) The group shall prepare and publish annually in the Texas Register a proposed workers' compensation research agenda for the commissioner of insurance review and ...
• Texas Labor Code Section 405.003 - Funding; Maintenance Tax
  (a) The group's duties under this chapter are funded through the assessment of a maintenance tax collected annually from all insurance carriers, and self-insurance groups ...
• Texas Labor Code Section 405.004 - Coordination With Other State Agencies; Confidentiality
  (a) As required to fulfill the group's objectives under this chapter, the group is entitled to access to the files and records of: (1) the ...
• Texas Labor Code Section 406.001 - Definition
  In this subchapter, "employer" means a person who employs one or more employees. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 406.002 - Coverage Generally Elective
  (a) Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. (b) An employer who ...
• Texas Labor Code Section 406.003 - Methods Of Obtaining Coverage
  An employer may obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance as provided by this subtitle. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 406.004 - Employer Notice To Division
  (a) An employer who does not obtain workers' compensation insurance coverage shall notify the division in writing, in the time and as prescribed by commissioner ...
• Texas Labor Code Section 406.005 - Employer Notice To Employees; Administrative Violation
  (a) An employer shall notify each employee as provided by this section whether or not the employer has workers' compensation insurance coverage. (b) The employer ...
• Texas Labor Code Section 406.006 - Insurance Coverage And Claim Administration Reporting Requirements; Administrative Violation
  (a) An insurance company from which an employer has obtained workers' compensation insurance coverage, a certified self-insurer, a workers' compensation self-insurance group under Chapter 407A, ...
• Texas Labor Code Section 406.007 - Termination Of Coverage By Employer; Notice
  (a) An employer who terminates workers' compensation insurance coverage obtained under this subtitle shall file a written notice with the division by certified mail not ...
• Texas Labor Code Section 406.008 - Cancellation Or Nonrenewal Of Coverage By Insurance Company; Notice
  (a) An insurance company that cancels a policy of workers' compensation insurance or that does not renew the policy by the anniversary date of the ...
• Texas Labor Code Section 406.009 - Collecting And Maintaining Information; Monitoring And Enforcing Compliance
  (a) The division shall collect and maintain the information required under this subchapter and shall monitor compliance with the requirements of this subchapter. (b) The ...
• Texas Labor Code Section 406.010 - Claims Service; Administrative Violation
  (a) An insurance carrier shall provide claims service: (1) through offices of the insurance carrier located in this state; or (2) by other resident representatives ...
• Texas Labor Code Section 406.011 - Austin Representative; Administrative Violation
  (a) The commissioner by rule may require an insurance carrier to designate a representative in Austin to act as the insurance carrier's agent before the ...
• Texas Labor Code Section 406.012 - Enforcement Of Subchapter
  The commission shall enforce the administrative penalties established under this subchapter in accordance with Chapter 415. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 406.031 - Liability For Compensation
  (a) An insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if: (1) at the time of injury, ...
• Texas Labor Code Section 406.032 - Exceptions
  An insurance carrier is not liable for compensation if: (1) the injury: (A) occurred while the employee was in a state of intoxication; (B) was ...
• Texas Labor Code Section 406.033 - Common-Law Defenses; Burden Of Proof
  (a) In an action against an employer who does not have workers' compensation insurance coverage to recover damages for personal injuries or death sustained by ...
• Texas Labor Code Section 406.034 - Employee Election
  (a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's ...
• Texas Labor Code Section 406.035 - Waiver Of Compensation Prohibited
  Except as provided by this subtitle, an agreement by an employee to waive the employee's right to compensation is void. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 406.051 - Security By Commercial Insurance
  (a) An insurance company may contract to secure an employer's liability and obligations and to pay compensation by issuing a workers' compensation insurance policy under ...
• Texas Labor Code Section 406.052 - Effect Of Other Insurance Coverage
  (a) A contract entered into to indemnify an employer from loss or damage resulting from an injury sustained by an employee that is compensable under ...
• Texas Labor Code Section 406.053 - All States Coverage
  The Texas Department of Insurance shall coordinate with the appropriate agencies of other states to: (1) share information regarding an employer who obtains all states ...
• Texas Labor Code Section 406.071 - Extraterritorial Coverage
  (a) An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies under this ...
• Texas Labor Code Section 406.072 - Principal Location
  The principal location of a person's employment is where: (1) the employer has a place of business at or from which the employee regularly works; ...
• Texas Labor Code Section 406.073 - Agreement On Principal Location; Administrative Violation
  (a) An employee whose work requires regular travel between this state and at least one other jurisdiction may agree in writing with the employer on ...
• Texas Labor Code Section 406.074 - Interjurisdictional Agreements
  (a) The commissioner may enter into an agreement with an appropriate agency of another jurisdiction with respect to: (1) conflicts of jurisdiction; (2) assumption of ...
• Texas Labor Code Section 406.075 - Effect Of Compensation Paid In Other Jurisdiction
  (a) An injured employee who elects to pursue the employee's remedy under the workers' compensation laws of another jurisdiction and who recovers benefits under those ...
• Texas Labor Code Section 406.091 - Exempt Employees; Voluntary Coverage
  (a) The following employees are not subject to this subtitle: (1) a person employed as a domestic worker or a casual worker engaged in employment ...
• Texas Labor Code Section 406.092 - Alien Employees And Beneficiaries
  (a) A resident or nonresident alien employee or legal beneficiary is entitled to compensation under this subtitle. (b) A nonresident alien employee or legal beneficiary, ...
• Texas Labor Code Section 406.093 - Legally Incompetent Employees
  (a) The guardian of an injured employee who is a minor or is otherwise legally incompetent may exercise on the employee's behalf the rights and ...
• Texas Labor Code Section 406.094 - Certain Persons Licensed By Texas Real Estate Commission
  (a) An employer who elects to provide workers' compensation insurance coverage may include in the coverage a real estate salesperson or broker who is: (1) ...
• Texas Labor Code Section 406.095 - Certain Professional Athletes
  (a) A professional athlete employed under a contract for hire or a collective bargaining agreement who is entitled to benefits for medical care and weekly ...
• Texas Labor Code Section 406.096 - Required Coverage For Certain Building Or Construction Contractors
  (a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' ...
• Texas Labor Code Section 406.097 - Executive Employees Of Certain Business Entities
  (a) A sole proprietor, partner, or corporate executive officer of a business entity that elects to provide workers' compensation insurance coverage is entitled to benefits ...
• Texas Labor Code Section 406.098 - Volunteer Emergency Service Members And Personnel
  (a) An emergency service organization which is not a political subdivision or which is separate from any political subdivision may elect to obtain workers' compensation ...
• Texas Labor Code Section 406.121 - Definitions
  In this subchapter: (1) "General contractor" means a person who undertakes to procure the performance of work or a service, either separately or through the ...
• Texas Labor Code Section 406.122 - Status As Employee
  (a) For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who ...
• Texas Labor Code Section 406.123 - Election To Provide Coverage; Administrative Violation
  (a) A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage to the ...
• Texas Labor Code Section 406.124 - Cause Of Action
  If a person who has workers' compensation insurance coverage subcontracts all or part of the work to be performed by the person to a subcontractor ...
• Texas Labor Code Section 406.125 - Restriction Of Unsafe Work Practices Unaffected
  This subchapter does not prevent a general contractor from directing a subcontractor or the employees of a subcontractor to stop or change an unsafe work ...
• Texas Labor Code Section 406.126 - Exemption
  This subchapter does not apply to farm or ranch employees. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 406.127 - Effect Of Certain Contracts Of Hire
  An insurance company may not demand an insurance premium from an employer for coverage of an independent contractor or an employee of an independent contractor ...
• Texas Labor Code Section 406.141 - Definitions
  In this subchapter: (1) "Hiring contractor" means a general contractor or subcontractor who, in the course of regular business, subcontracts all or part of the ...
• Texas Labor Code Section 406.142 - Application
  This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing: (1) a residential structure; (2) a commercial structure ...
• Texas Labor Code Section 406.143 - Provision Of Workers' Compensation Insurance; Independent Contractor Without Employees
  (a) Unless the independent contractor and hiring contractor enter into an agreement under Section 406.144, the independent contractor is responsible for any workers' compensation insurance ...
• Texas Labor Code Section 406.144 - Election To Provide Coverage; Agreement
  (a) Except as provided by this section, a hiring contractor is not responsible for providing workers' compensation insurance coverage for an independent contractor or the ...
• Texas Labor Code Section 406.145 - Joint Agreement
  (a) A hiring contractor and an independent subcontractor may make a joint agreement declaring that the subcontractor is an independent contractor as defined in Section ...
• Texas Labor Code Section 406.146 - Wrongful Inducement Prohibited
  (a) A hiring contractor may not: (1) wrongfully induce an employee to enter into a joint agreement under Section 406.145 stating that the employee is ...
• Texas Labor Code Section 406.161 - Definitions
  In this subchapter: (1) "Agricultural labor" means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state. (2) "Family" means ...
• Texas Labor Code Section 406.162 - Scope
  (a) This subtitle applies to an action to recover damages for personal injuries or death sustained by a farm or ranch employee who is: (1) ...
• Texas Labor Code Section 406.163 - Liability Of Labor Agent; Joint And Several Liability
  (a) A labor agent who furnishes a migrant or seasonal worker is liable under this subtitle as if the labor agent were the employer of ...
• Texas Labor Code Section 406.164 - Elective Coverage Of Employer And Family Members
  (a) A person who purchases a workers' compensation insurance policy covering farm or ranch employees may cover the person, a partner, a corporate officer, or ...
• Texas Labor Code Section 406.165 - Not Applicable To Independent Contractors
  (a) A farm or ranch employee who performs work or provides a service for a farm or ranch employer subject to this subchapter is an ...
• Texas Labor Code Section 407.001 - Definitions
  In this chapter: (1) "Association" means the Texas Certified Self-Insurer Guaranty Association. (2) Repealed by Acts 2005, 79th Leg., ch. 265, § 7.01(17). (3) "Impaired ...
• Texas Labor Code Section 407.023 - Exclusive Powers And Duties Of Commissioner
  The commissioner shall: (1) approve or deny the issuance or revocation of a certificate of authority to self-insure; and (2) certify that a certified self-insurer ...
• Texas Labor Code Section 407.024 - Claim Or Suit
  (a) A claim or suit brought by a claimant or a certified self-insurer shall be styled "in re: [name of employee] and [name of certified ...
• Texas Labor Code Section 407.041 - Application
  (a) An employer who desires to self-insure under this chapter must submit an application to the division for a certificate of authority to self-insure. (b) ...
• Texas Labor Code Section 407.042 - Issuance Of Certificate
  With the approval of the Texas Certified Self-Insurer Guaranty Association, the commissioner shall issue a certificate of authority to self-insure to an applicant who meets ...
• Texas Labor Code Section 407.043 - Procedures On Denial Of Application
  (a) If the commissioner determines that an applicant for a certificate of authority to self-insure does not meet the certification requirements, the division shall notify ...
• Texas Labor Code Section 407.044 - Term Of Certificate Of Authority; Renewal
  (a) A certificate of authority to self-insure is valid for one year after the date of issuance and may be renewed under procedures prescribed by ...
• Texas Labor Code Section 407.045 - Withdrawal From Self-Insurance
  (a) A certified self-insurer may withdraw from self-insurance at any time with the approval of the commissioner. The commissioner shall approve the withdrawal if the ...
• Texas Labor Code Section 407.046 - Revocation Of Certificate Of Authority
  (a) The commissioner may revoke the certificate of authority to self-insure of a certified self-insurer who fails to comply with requirements or conditions established by ...
• Texas Labor Code Section 407.047 - Effect Of Revocation
  (a) A certified self-insurer whose certificate of authority to self-insure is revoked is not relieved of the obligation for compensation to an employee for an ...
• Texas Labor Code Section 407.061 - General Requirements
  (a) To be eligible for a certificate of authority to self-insure, an applicant for an initial or renewal certificate must present evidence satisfactory to the ...
• Texas Labor Code Section 407.062 - Financial Strength And Liquidity Requirements
  In assessing the financial strength and liquidity of an applicant, the commissioner shall consider: (1) the applicant's organizational structure and management background; (2) the applicant's ...
• Texas Labor Code Section 407.063 - Premium Requirements
  (a) In addition to meeting the other certification requirements imposed under this chapter, an applicant for an initial certificate of authority to self-insure must present ...
• Texas Labor Code Section 407.064 - General Security Requirements
  (a) Each applicant shall provide security for incurred liabilities for compensation through a deposit with the division, in a combination and from institutions approved by ...
• Texas Labor Code Section 407.065 - Specific Security Requirements
  (a) A security deposit must include within its coverage all amounts covered by terminated surety bonds or terminated excess insurance policies. (b) A surety bond, ...
• Texas Labor Code Section 407.066 - Effect Of Dispute
  (a) The commissioner, after notice to the concerned parties and an opportunity for a hearing, shall resolve a dispute concerning the deposit, renewal, termination, release, ...
• Texas Labor Code Section 407.067 - Excess Insurance; Reinsurance; Administrative Violation
  (a) Each applicant shall obtain excess insurance or reinsurance to cover liability for losses not paid by the self-insurer in an amount not less than ...
• Texas Labor Code Section 407.068 - Guarantee By Parent Organization
  If an applicant for a certificate of authority to self-insure is a subsidiary, the parent organization of the applicant must guarantee the obligations imposed by ...
• Texas Labor Code Section 407.081 - Annual Report
  (a) Each certified self-insurer shall file an annual report with the division. The commissioner shall prescribe the form of the report and shall furnish blank ...
• Texas Labor Code Section 407.082 - Examination Of Records; Administrative Violation
  (a) Each certified self-insurer shall maintain the books, records, and payroll information necessary to compile the annual report required under Section 407.081 and any other ...
• Texas Labor Code Section 407.083 - Payment Of Insurance Agent's Commission
  This chapter does not prohibit a certified self-insurer from paying a commission to an insurance agent licensed in this state. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 407.101 - Fund
  (a) The workers' compensation self-insurance fund is a fund in the state treasury. The fund may be used only for the regulation of certified self-insurers. ...
• Texas Labor Code Section 407.102 - Regulatory Fee
  (a) Each certified self-insurer shall pay an annual fee to cover the administrative costs incurred by the division in implementing this chapter. (b) The division ...
• Texas Labor Code Section 407.103 - Self-Insurer Maintenance Tax; Effect On General Maintenance Tax
  (a) Each certified self-insurer shall pay a self-insurer maintenance tax for the administration of the division and the office of injured employee counsel and to ...
• Texas Labor Code Section 407.104 - Collection Of Taxes And Fees; Administrative Violation
  (a) The regulatory fee imposed by Section 407.102 and the taxes imposed by Section 407.103 are due on the 60th day after the issuance of ...
• Texas Labor Code Section 407.121 - Guaranty Association
  (a) The Texas Certified Self-Insurer Guaranty Association provides for the payment of workers' compensation insurance benefits for the injured employees of an impaired employer. (b) ...
• Texas Labor Code Section 407.122 - Board Of Directors
  (a) The members of the association shall elect a board of directors. (b) The board of directors is composed of the following voting members: (1) ...
• Texas Labor Code Section 407.123 - Board Rules
  (a) The board of directors may adopt rules for the operation of the association. (b) Rules adopted by the board are subject to the approval ...
• Texas Labor Code Section 407.124 - Impaired Employer; Assessments
  (a) On determination by the division that a certified self-insurer has become an impaired employer, the commissioner shall secure release of the security deposit required ...
• Texas Labor Code Section 407.125 - Payment Of Assessments
  Each certified self-insurer shall pay the amount of its assessment to the association not later than the 30th day after the date on which the ...
• Texas Labor Code Section 407.126 - Trust Fund; Fee; Schedule
  (a) Each member of the association shall be assessed a fee, based on total amount of income benefits payments made in this state for the ...
• Texas Labor Code Section 407.127 - Payment Of Benefits Through Association
  (a) If the commissioner determines that the payment of benefits and claims administration shall be made through the association, the association assumes the workers' compensation ...
• Texas Labor Code Section 407.128 - Possession Of Security By Association
  On the assumption of obligations by the association under the commissioner's determination, the association is entitled to immediate possession of any deposited security, and the ...
• Texas Labor Code Section 407.129 - Release Of Claim Information To Association
  Information on a workers' compensation claim may be released to the association as provided by Section 402.084(a), if the association has assumed the obligations of ...
• Texas Labor Code Section 407.130 - Association As Party In Interest
  (a) The association is a party in interest in a proceeding involving a workers' compensation claim against an impaired employer whose compensation obligations have been ...
• Texas Labor Code Section 407.131 - Preference
  The benefit payments made by the association or the surety under this chapter are entitled to the same preference over other debts of the impaired ...
• Texas Labor Code Section 407.132 - Special Fund
  Funds advanced by the association under this subchapter do not become assets of the impaired employer but are a special fund advanced to the commissioner, ...
• Texas Labor Code Section 407.133 - Suspension Or Revocation Of Certificate For Failure To Pay Assessment
  (a) The commissioner may suspend or revoke the certificate of authority to self-insure of a certified self-insurer who fails to pay an assessment. The association ...
• Texas Labor Code Section 408.001 - Exclusive Remedy; Exemplary Damages
  (a) Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the ...
• Texas Labor Code Section 408.002 - Survival Of Cause Of Action
  A right of action survives in a case based on a compensable injury that results in the employee's death. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 408.003 - Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits
  (a) After an injury, an employer may: (1) initiate benefit payments, including medical benefits; or (2) on the written request or agreement of the employee, ...
• Texas Labor Code Section 408.004 - Required Medical Examinations; Administrative Violation
  (a) The commissioner may require an employee to submit to medical examinations to resolve any question about the appropriateness of the health care received by ...
• Texas Labor Code Section 408.0041 - Designated Doctor Examination
  (a) At the request of an insurance carrier or an employee, or on the commissioner's own order, the commissioner may order a medical examination to ...
• Texas Labor Code Section 408.0042 - Medical Examination By Treating Doctor To Define Compensable Injury
  (a) The division shall require an injured employee to submit to a single medical examination to define the compensable injury on request by the insurance ...
• Texas Labor Code Section 408.005 - Settlements And Agreements
  (a) A settlement may not provide for payment of benefits in a lump sum except as provided by Section 408.128. (b) An employee's right to ...
• Texas Labor Code Section 408.006 - Mental Trauma Injuries
  (a) It is the express intent of the legislature that nothing in this subtitle shall be construed to limit or expand recovery in cases of ...
• Texas Labor Code Section 408.007 - Date Of Injury For Occupational Disease
  For purposes of this subtitle, the date of injury for an occupational disease is the date on which the employee knew or should have known ...
• Texas Labor Code Section 408.008 - Compensability Of Heart Attacks
  A heart attack is a compensable injury under this subtitle only if: (1) the attack can be identified as: (A) occurring at a definite time ...
• Texas Labor Code Section 408.021 - Entitlement To Medical Benefits
  (a) An employee who sustains a compensable injury is entitled to all health care reasonably required by the nature of the injury as and when ...
• Texas Labor Code Section 408.022 - Selection Of Doctor
  (a) Except in an emergency, the division shall require an employee to receive medical treatment from a doctor chosen from a list of doctors approved ...
• Texas Labor Code Section 408.023 - List Of Approved Doctors; Duties Of Treating Doctors
  (a) The division shall develop a list of doctors licensed in this state who are approved to provide health care services under this subtitle. A ...
• Texas Labor Code Section 408.0231 - Maintenance Of List Of Approved Doctors; Sanctions And Privileges Relating To Health Care
  (a) The commissioner shall delete from the list of approved doctors a doctor: (1) who fails to register with the division as provided by this ...
• Texas Labor Code Section 408.024 - Noncompliance With Selection Requirements
  Except as otherwise provided, and after notice and an opportunity for hearing, the commissioner may relieve an insurance carrier of liability for health care that ...
• Texas Labor Code Section 408.025 - Reports And Records Required From Health Care Providers
  (a) The commissioner by rule shall adopt requirements for reports and records that are required to be filed with the division or provided to the ...
• Texas Labor Code Section 408.0251 - Electronic Billing Requirements
  (a) The commissioner, by rule and in cooperation with the commissioner of insurance, shall adopt rules regarding the electronic submission and processing of medical bills ...
• Texas Labor Code Section 408.0252 - Underserved Areas
  The commissioner by rule may identify areas of this state in which access to health care providers is less available and may adopt appropriate standards, ...
• Texas Labor Code Section 408.026 - Spinal Surgery
  Except in a medical emergency, an insurance carrier is liable for medical costs related to spinal surgery only as provided by Section 413.014 and commissioner ...
• Texas Labor Code Section 408.027 - Payment Of Health Care Provider
  (a) A health care provider shall submit a claim for payment to the insurance carrier not later than the 95th day after the date on ...
• Texas Labor Code Section 408.0271 - Reimbursement By Health Care Provider
  (a) If the health care services provided to an injured employee are determined by the insurance carrier to be inappropriate, the insurance carrier shall: (1) ...
• Texas Labor Code Section 408.028 - Pharmaceutical Services
  (a) A physician providing care to an employee under this subchapter shall prescribe for the employee any necessary prescription drugs, and order over-the-counter alternatives to ...
• Texas Labor Code Section 408.029 - Nurse First Assistant Services
  An insurance carrier may not refuse to reimburse a health care practitioner solely because that practitioner is a nurse first assistant, as defined by Section ...
• Texas Labor Code Section 408.030 - Reports Of Physician Violations
  If the division discovers an act or omission by a physician that may constitute a felony, a misdemeanor involving moral turpitude, a violation of a ...
• Texas Labor Code Section 408.031 - Workers' Compensation Health Care Networks
  (a) Notwithstanding any other provision of this chapter, an injured employee may receive benefits under a workers' compensation health care network established under Chapter 1305, ...
• Texas Labor Code Section 408.032 - Study On Interdisciplinary Pain Rehabilitation Program And Facility Accreditation Requirement
  The division shall study the issue of required accreditation of interdisciplinary pain rehabilitation programs or interdisciplinary pain rehabilitation treatment facilities that provide services to injured ...
• Texas Labor Code Section 408.041 - Average Weekly Wage
  (a) Except as otherwise provided by this subtitle, the average weekly wage of an employee who has worked for the employer for at least the ...
• Texas Labor Code Section 408.042 - Average Weekly Wage For Part-Time Employee Or Employee With Multiple Employment
  (a) The average weekly wage of a part-time employee who limits the employee's work to less than a full-time workweek as a regular course of ...
• Texas Labor Code Section 408.043 - Average Weekly Wage For Seasonal Employee
  (a) For determining the amount of temporary income benefits of a seasonal employee, the average weekly wage of the employee is computed as provided by ...
• Texas Labor Code Section 408.044 - Average Weekly Wage For Minor, Apprentice, Trainee, Or Student
  (a) For computing impairment income benefits, supplemental income benefits, lifetime income benefits, or death benefits, the average weekly wage of an employee shall be adjusted ...
• Texas Labor Code Section 408.0445 - Average Weekly Wage For Members Of State Military Forces And Texas Task Force 1
  (a) For purposes of computing income benefits or death benefits under Section 431.104, Government Code, the average weekly wage of a member of the state ...
• Texas Labor Code Section 408.0446 - Average Weekly Wage; School District Employee
  (a) For determining the amount of temporary income benefits of a school district employee under Chapter 504, the average weekly wage is computed on the ...
• Texas Labor Code Section 408.045 - Nonpecuniary Wages
  The division may not include nonpecuniary wages in computing an employee's average weekly wage during a period in which the employer continues to provide the ...
• Texas Labor Code Section 408.046 - Similar Employees, Services, Or Employment
  For purposes of this subchapter and Subchapter D, the determination as to whether employees, services, or employment are the same or similar must include consideration ...
• Texas Labor Code Section 408.047 - State Average Weekly Wage
  (a) On and after October 1, 2006, the state average weekly wage is equal to 88 percent of the average weekly wage in covered employment ...
• Texas Labor Code Section 408.061 - Maximum Weekly Benefit
  (a) A weekly temporary income benefit may not exceed 100 percent of the state average weekly wage under Section 408.047 rounded to the nearest whole ...
• Texas Labor Code Section 408.062 - Minimum Weekly Income Benefit
  (a) The minimum weekly income benefit is 15 percent of the state average weekly wage as determined under Section 408.047, rounded to the nearest whole ...
• Texas Labor Code Section 408.063 - Wage Presumptions; Administrative Violation
  (a) To expedite the payment of income benefits, the commissioner may by rule establish reasonable presumptions relating to the wages earned by an employee, including ...
• Texas Labor Code Section 408.064 - Interest On Accrued Benefits
  (a) An order to pay income or death benefits accrued but unpaid must include interest on the amount of compensation due at the rate provided ...
• Texas Labor Code Section 408.081 - Income Benefits
  (a) An employee is entitled to income benefits as provided in this chapter. (b) Except as otherwise provided by this section or this subtitle, income ...
• Texas Labor Code Section 408.082 - Accrual Of Right To Income Benefits
  (a) Income benefits may not be paid under this subtitle for an injury that does not result in disability for at least one week. (b) ...
• Texas Labor Code Section 408.083 - Termination Of Right To Temporary Income, Impairment Income, And Supplemental Income Benefits
  (a) Except as provided by Subsection (b), an employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration ...
• Texas Labor Code Section 408.084 - Contributing Injury
  (a) At the request of the insurance carrier, the commissioner may order that impairment income benefits and supplemental income benefits be reduced in a proportion ...
• Texas Labor Code Section 408.085 - Advance Of Benefits For Hardship
  (a) If there is a likelihood that income benefits will be paid, the commissioner may grant an employee suffering financial hardship advances as provided by ...
• Texas Labor Code Section 408.086 - Division Determination Of Extended Unemployment Or Underemployment
  (a) During the period that impairment income benefits or supplemental income benefits are being paid to an employee, the commissioner shall determine at least annually ...
• Texas Labor Code Section 408.101 - Temporary Income Benefits
  (a) An employee is entitled to temporary income benefits if the employee has a disability and has not attained maximum medical improvement. (b) On the ...
• Texas Labor Code Section 408.102 - Duration Of Temporary Income Benefits
  (a) Temporary income benefits continue until the employee reaches maximum medical improvement. (b) The commissioner by rule shall establish a presumption that maximum medical improvement ...
• Texas Labor Code Section 408.103 - Amount Of Temporary Income Benefits
  (a) Subject to Sections 408.061 and 408.062, the amount of a temporary income benefit is equal to: (1) 70 percent of the amount computed by ...
• Texas Labor Code Section 408.104 - Maximum Medical Improvement After Spinal Surgery
  (a) On application by either the employee or the insurance carrier, the commissioner by order may extend the 104-week period described by Section 401.011(30)(B) if ...
• Texas Labor Code Section 408.105 - Salary Continuation In Lieu Of Temporary Income Benefits
  (a) In lieu of payment of temporary income benefits under this subchapter, an employer may continue to pay the salary of an employee who sustains ...
• Texas Labor Code Section 408.121 - Impairment Income Benefits
  (a) An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the ...
• Texas Labor Code Section 408.122 - Eligibility For Impairment Income Benefits
  A claimant may not recover impairment income benefits unless evidence of impairment based on an objective clinical or laboratory finding exists. If the finding of ...
• Texas Labor Code Section 408.1225 - Designated Doctor
  (a) To be eligible to serve as a designated doctor, a doctor must meet specific qualifications, including training in the determination of impairment ratings and ...
• Texas Labor Code Section 408.123 - Certification Of Maximum Medical Improvement; Evaluation Of Impairment Rating
  (a) After an employee has been certified by a doctor as having reached maximum medical improvement, the certifying doctor shall evaluate the condition of the ...
• Texas Labor Code Section 408.124 - Impairment Rating Guidelines
  (a) An award of an impairment income benefit, whether by the commissioner or a court, must be based on an impairment rating determined using the ...
• Texas Labor Code Section 408.125 - Dispute As To Impairment Rating
  (a) If an impairment rating is disputed, the commissioner shall direct the employee to the next available doctor on the division's list of designated doctors, ...
• Texas Labor Code Section 408.126 - Amount Of Impairment Income Benefits
  Subject to Sections 408.061 and 408.062, an impairment income benefit is equal to 70 percent of the employee's average weekly wage. Acts 1993, 73rd Leg., ...
• Texas Labor Code Section 408.127 - Reduction Of Impairment Income Benefits
  (a) An insurance carrier shall reduce impairment income benefits to an employee by an amount equal to employer payments made under Section 408.003 that are ...
• Texas Labor Code Section 408.128 - Commutation Of Impairment Income Benefits
  (a) An employee may elect to commute the remainder of the impairment income benefits to which the employee is entitled if the employee has returned ...
• Texas Labor Code Section 408.129 - Acceleration Of Impairment Income Benefits
  (a) On approval by the commissioner of a written request received from an employee, an insurance carrier shall accelerate the payment of impairment income benefits ...
• Texas Labor Code Section 408.141 - Award Of Supplemental Income Benefits
  An award of a supplemental income benefit, whether by the commissioner or a court, shall be made in accordance with this subchapter. Acts 1993, 73rd ...
• Texas Labor Code Section 408.1415 - Work Search Compliance Standards
  (a) The commissioner by rule shall adopt compliance standards for supplemental income benefit recipients that require each recipient to demonstrate an active effort to obtain ...
• Texas Labor Code Section 408.142 - Supplemental Income Benefits
  (a) An employee is entitled to supplemental income benefits if on the expiration of the impairment income benefit period computed under Section 408.121(a)(1) the employee: ...
• Texas Labor Code Section 408.143 - Employee Statement
  (a) After the commissioner's initial determination of supplemental income benefits, the employee must file a statement with the insurance carrier stating: (1) that the employee ...
• Texas Labor Code Section 408.144 - Computation Of Supplemental Income Benefits
  (a) Supplemental income benefits are calculated quarterly and paid monthly. (b) Subject to Section 408.061, the amount of a supplemental income benefit for a week ...
• Texas Labor Code Section 408.145 - Payment Of Supplemental Income Benefits
  An insurance carrier shall pay supplemental income benefits beginning not later than the seventh day after the expiration date of the employee's impairment income benefit ...
• Texas Labor Code Section 408.146 - Termination Of Supplemental Income Benefits; Reinitiation
  (a) If an employee earns wages that are at least 80 percent of the employee's average weekly wage for at least 90 days during a ...
• Texas Labor Code Section 408.147 - Contest Of Supplemental Income Benefits By Insurance Carrier; Attorney's Fees
  (a) An insurance carrier may request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income ...
• Texas Labor Code Section 408.148 - Employee Discharge After Termination
  The commissioner may reinstate supplemental income benefits to an employee who is discharged within 12 months of the date of losing entitlement to supplemental income ...
• Texas Labor Code Section 408.149 - Status Review; Benefit Review Conference
  (a) Not more than once in each period of 12 calendar months, an employee and an insurance carrier each may request the commissioner to review ...
• Texas Labor Code Section 408.150 - Vocational Rehabilitation
  (a) The division shall refer an employee to the Department of Assistive and Rehabilitative Services with a recommendation for appropriate services if the division determines ...
• Texas Labor Code Section 408.151 - Medical Examinations For Supplemental Income Benefits
  (a) On or after the second anniversary of the date the commissioner makes the initial award of supplemental income benefits, an insurance carrier may not ...
• Texas Labor Code Section 408.161 - Lifetime Income Benefits
  (a) Lifetime income benefits are paid until the death of the employee for: (1) total and permanent loss of sight in both eyes; (2) loss ...
• Texas Labor Code Section 408.162 - Subsequent Injury Fund Benefits
  (a) If a subsequent compensable injury, with the effects of a previous injury, results in a condition for which the injured employee is entitled to ...
• Texas Labor Code Section 408.181 - Death Benefits
  (a) An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death. (b) Subject to ...
• Texas Labor Code Section 408.182 - Distribution Of Death Benefits
  (a) If there is an eligible child or grandchild and an eligible spouse, half of the death benefits shall be paid to the eligible spouse ...
• Texas Labor Code Section 408.183 - Duration Of Death Benefits
  (a) Entitlement to death benefits begins on the day after the date of an employee's death. (b) An eligible spouse is entitled to receive death ...
• Texas Labor Code Section 408.184 - Redistribution Of Death Benefits
  (a) If a legal beneficiary dies or otherwise becomes ineligible for death benefits, benefits shall be redistributed to the remaining legal beneficiaries as provided by ...
• Texas Labor Code Section 408.185 - Effect Of Beneficiary Dispute; Attorney's Fees
  On settlement of a case in which the insurance carrier admits liability for death benefits but a dispute exists as to the proper beneficiary or ...
• Texas Labor Code Section 408.186 - Burial Benefits
  (a) If the death of an employee results from a compensable injury, the insurance carrier shall pay to the person who incurred liability for the ...
• Texas Labor Code Section 408.187 - Autopsy
  (a) If in a claim for death benefits based on an occupational disease an autopsy is necessary to determine the cause of death, the commission ...
• Texas Labor Code Section 408.201 - Benefits Exempt From Legal Process
  Benefits are exempt from: (1) garnishment; (2) attachment; (3) judgment; and (4) other actions or claims. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 408.202 - Assignability Of Benefits
  Benefits are not assignable, except a legal beneficiary may, with the commissioner's approval, assign the right to death benefits. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 408.203 - Allowable Liens
  (a) An income or death benefit is subject only to the following lien or claim, to the extent the benefit is unpaid on the date ...
• Texas Labor Code Section 408.221 - Attorney's Fees Paid To Claimant's Counsel
  (a) An attorney's fee, including a contingency fee, for representing a claimant before the division or court under this subtitle must be approved by the ...
• Texas Labor Code Section 408.222 - Attorney's Fees Paid To Defense Counsel
  (a) The amount of an attorney's fee for defending an insurance carrier in a workers' compensation action brought under this subtitle must be approved by ...
• Texas Labor Code Section 409.001 - Notice Of Injury To Employer
  (a) An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the ...
• Texas Labor Code Section 409.002 - Failure To File Notice Of Injury
  Failure to notify an employer as required by Section 409.001(a) relieves the employer and the employer's insurance carrier of liability under this subtitle unless: (1) ...
• Texas Labor Code Section 409.003 - Claim For Compensation
  An employee or a person acting on the employee's behalf shall file with the division a claim for compensation for an injury not later than ...
• Texas Labor Code Section 409.004 - Effect Of Failure To File Claim For Compensation
  Failure to file a claim for compensation with the division as required under Section 409.003 relieves the employer and the employer's insurance carrier of liability ...
• Texas Labor Code Section 409.005 - Report Of Injury; Modified Duty Program Notice; Administrative Violation
  (a) An employer shall report to the employer's insurance carrier if: (1) an injury results in the absence of an employee of that employer from ...
• Texas Labor Code Section 409.006 - Record Of Injuries; Administrative Violation
  (a) An employer shall maintain a record of each employee injury as reported by an employee or otherwise made known to the employer. (b) The ...
• Texas Labor Code Section 409.007 - Death Benefit Claims
  (a) A person must file a claim for death benefits with the division not later than the first anniversary of the date of the employee's ...
• Texas Labor Code Section 409.008 - Failure To File Employer Report Of Injury; Limitations Tolled
  If an employer or the employer's insurance carrier has been given notice or has knowledge of an injury to or the death of an employee ...
• Texas Labor Code Section 409.009 - Subclaims
  A person may file a written claim with the division as a subclaimant if the person has: (1) provided compensation, including health care provided by ...
• Texas Labor Code Section 409.010 - Information Provided To Employee Or Legal Beneficiary
  Immediately on receiving notice of an injury or death from any person, the division shall mail to the employee or legal beneficiary a clear and ...
• Texas Labor Code Section 409.011 - Information Provided To Employer; Employer's Rights
  (a) Immediately on receiving notice of an injury or death from any person, the division shall mail to the employer a description of: (1) the ...
• Texas Labor Code Section 409.012 - Vocational Rehabilitation Information
  (a) The division shall analyze each report of injury received from an employer under this chapter to determine whether the injured employee would be assisted ...
• Texas Labor Code Section 409.013 - Plain Language Information; Notification Of Injured Employee
  (a) The division shall develop information for public dissemination about the benefit process and the compensation procedures established under this chapter. The information must be ...
• Texas Labor Code Section 409.021 - Initiation Of Benefits; Insurance Carrier's Refusal; Administrative Violation
  (a) An insurance carrier shall initiate compensation under this subtitle promptly. Not later than the 15th day after the date on which an insurance carrier ...
• Texas Labor Code Section 409.022 - Refusal To Pay Benefits; Notice; Administrative Violation
  (a) An insurance carrier's notice of refusal to pay benefits under Section 409.021 must specify the grounds for the refusal. (b) The grounds for the ...
• Texas Labor Code Section 409.023 - Payment Of Benefits; Administrative Violation
  (a) An insurance carrier shall continue to pay benefits promptly as and when the benefits accrue without a final decision, order, or other action of ...
• Texas Labor Code Section 409.0231 - Payment By Electronic Funds Transfer
  (a) An insurance carrier shall offer employees entitled to the payment of benefits for a period of sufficient duration the option of receiving the payments ...
• Texas Labor Code Section 409.0232 - Timeliness Of Payments
  An insurance carrier is considered to have paid benefits in a timely manner if a payment: (1) is made by electronic funds transfer and is ...
• Texas Labor Code Section 409.024 - Termination Or Reduction Of Benefits; Notice; Administrative Violation
  (a) An insurance carrier shall file with the division a notice of termination or reduction of benefits, including the reasons for the termination or reduction, ...
• Texas Labor Code Section 410.002 - Law Governing Liability Proceedings
  A proceeding before the division to determine the liability of an insurance carrier for compensation for an injury or death under this subtitle is governed ...
• Texas Labor Code Section 410.003 - Application Of Administrative Procedure And Texas Register Act
  Except as otherwise provided by this chapter, Chapter 2001, Government Code does not apply to a proceeding under this chapter. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 410.005 - Venue For Administrative Proceedings
  (a) Unless the division determines that good cause exists for the selection of a different location, a benefit review conference or a contested case hearing ...
• Texas Labor Code Section 410.006 - Representation At Administrative Proceedings
  (a) A claimant may be represented at a benefit review conference, a contested case hearing, or arbitration by an attorney or may be assisted by ...
• Texas Labor Code Section 410.007 - Information List
  (a) The division shall determine the type of information that is most useful to parties to help resolve disputes regarding income benefits. That information may ...
• Texas Labor Code Section 410.021 - Purpose
  A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to: (1) explain, orally and in writing, the rights of the respective parties ...
• Texas Labor Code Section 410.022 - Benefit Review Officers; Qualifications
  (a) A benefit review officer shall conduct a benefit review conference. (b) A benefit review officer must: (1) be an employee of the division; (2) ...
• Texas Labor Code Section 410.023 - Request For Benefit Review Conference
  (a) On receipt of a request from a party or on its own motion, the division may direct the parties to a disputed workers' compensation ...
• Texas Labor Code Section 410.024 - Benefit Review Conference As Prerequisite To Further Proceedings On Certain Claims
  (a) Except as otherwise provided by law or commissioner rule, the parties to a disputed compensation claim are not entitled to a contested case hearing ...
• Texas Labor Code Section 410.025 - Scheduling Of Benefit Review Conference; Notice
  (a) The commissioner by rule shall prescribe the time within which a benefit review conference must be scheduled. (b) The division shall schedule a contested ...
• Texas Labor Code Section 410.026 - Powers And Duties Of Benefit Review Officer
  (a) A benefit review officer shall: (1) mediate disputes between the parties and assist in the adjustment of the claim consistent with this subtitle and ...
• Texas Labor Code Section 410.027 - Rules
  (a) The commissioner shall adopt rules for conducting benefit review conferences. (b) A benefit review conference is not subject to common law or statutory rules ...
• Texas Labor Code Section 410.028 - Failure To Attend; Administrative Violation
  (a) A scheduled benefit review conference shall be conducted even though a party fails to attend unless the benefit review officer determines that good cause ...
• Texas Labor Code Section 410.029 - Resolution At Benefit Review Conference; Written Agreement
  (a) A dispute may be resolved either in whole or in part at a benefit review conference. (b) If the conference results in the resolution ...
• Texas Labor Code Section 410.030 - Binding Effect Of Agreement
  (a) An agreement signed in accordance with Section 410.029 is binding on the insurance carrier through the conclusion of all matters relating to the claim, ...
• Texas Labor Code Section 410.031 - Incomplete Resolution; Report
  (a) If a dispute is not entirely resolved at a benefit review conference, the benefit review officer shall prepare a written report that details each ...
• Texas Labor Code Section 410.032 - Payment Of Benefits Under Interlocutory Order
  As designated by the commissioner, division staff, other than the benefit review officer who presided or will preside at the benefit review conference, shall consider ...
• Texas Labor Code Section 410.033 - Multiple Carriers
  (a) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, ...
• Texas Labor Code Section 410.034 - Filing Of Agreement And Report
  (a) The benefit review officer shall file the signed agreement and the report with the division. (b) The commissioner by rule shall prescribe the times ...
• Texas Labor Code Section 410.101 - Purpose
  The purpose of arbitration is to: (1) enter into formal, binding stipulations on issues on which the parties agree; (2) resolve issues on which the ...
• Texas Labor Code Section 410.102 - Arbitrators; Qualifications
  (a) An arbitrator must be an employee of the division, except that the division may contract with qualified arbitrators on a determination of special need. ...
• Texas Labor Code Section 410.103 - Duties Of Arbitrator
  An arbitrator shall: (1) protect the interests of all parties; (2) ensure that all relevant evidence has been disclosed to the arbitrator and to all ...
• Texas Labor Code Section 410.104 - Election Of Arbitration; Effect
  (a) If issues remain unresolved after a benefit review conference, the parties, by agreement, may elect to engage in arbitration in the manner provided by ...
• Texas Labor Code Section 410.105 - Lists Of Arbitrators
  (a) The division shall establish regional lists of arbitrators who meet the qualifications prescribed under Sections 410.102(a) and (b). Each regional list shall be initially ...
• Texas Labor Code Section 410.106 - Selection Of Arbitrator
  The division shall assign the arbitrator for a particular case by selecting the next name after the previous case's selection in consecutive order. The division ...
• Texas Labor Code Section 410.107 - Assignment Of Arbitrator
  (a) The division shall assign an arbitrator to a pending case not later than the 30th day after the date on which the election for ...
• Texas Labor Code Section 410.108 - Rejection Of Arbitrator
  (a) Each party is entitled, in its sole discretion, to one rejection of the arbitrator in each case. If a party rejects the arbitrator, the ...
• Texas Labor Code Section 410.109 - Scheduling Of Arbitration
  (a) The arbitrator shall schedule arbitration to be held not later than the 30th day after the date of the arbitrator's assignment and shall notify ...
• Texas Labor Code Section 410.110 - Continuance
  (a) A request by a party for a continuance of the arbitration to another date must be directed to the director. The director may grant ...
• Texas Labor Code Section 410.111 - Rules
  The commissioner shall adopt rules for arbitration consistent with generally recognized arbitration principles and procedures. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. ...
• Texas Labor Code Section 410.112 - Exchange And Filing Of Information; Administrative Violation
  (a) Not later than the seventh day before the first day of arbitration, the parties shall exchange and file with the arbitrator: (1) all medical ...
• Texas Labor Code Section 410.113 - Duties Of Parties At Arbitration; Attendance; Administrative Violation
  (a) Each party shall attend the arbitration prepared to set forth in detail its position on unresolved issues and the issues on which it is ...
• Texas Labor Code Section 410.114 - Testimony; Record
  (a) The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by a party. (b) The division shall ...
• Texas Labor Code Section 410.115 - Evidence
  (a) The parties may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to an understanding and determination of ...
• Texas Labor Code Section 410.116 - Closing Statements; Briefs
  The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator. Acts ...
• Texas Labor Code Section 410.117 - Ex Parte Contacts Prohibited
  A party and an arbitrator may not communicate outside the arbitration unless the communication is in writing with copies provided to all parties or relates ...
• Texas Labor Code Section 410.118 - Award
  (a) The arbitrator shall enter the arbitrator's award not later than the seventh day after the last day of arbitration. (b) The arbitrator shall base ...
• Texas Labor Code Section 410.119 - Effect Of Award
  (a) An arbitrator's award is final and binding on all parties. Except as provided by Section 410.121, there is no right to appeal. (b) An ...
• Texas Labor Code Section 410.120 - Clerical Error
  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award. Acts ...
• Texas Labor Code Section 410.121 - Court Vacating Award
  (a) On application of an aggrieved party, a court of competent jurisdiction shall vacate an arbitrator's award on a finding that: (1) the award was ...
• Texas Labor Code Section 410.151 - Contested Case Hearing; Scope
  (a) If arbitration is not elected under Section 410.104, a party to a claim for which a benefit review conference is held or a party ...
• Texas Labor Code Section 410.152 - Hearing Officers; Qualifications
  (a) A hearing officer shall conduct a contested case hearing. (b) A hearing officer must be licensed to practice law in this state. Acts 1993, ...
• Texas Labor Code Section 410.153 - Application Of Administrative Procedure Act
  Chapter 2001, Government Code, applies to a contested case hearing to the extent that the commissioner finds appropriate, except that the following do not apply: ...
• Texas Labor Code Section 410.154 - Scheduling Of Hearing
  The division shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b). Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. ...
• Texas Labor Code Section 410.155 - Continuance
  (a) A written request by a party for a continuance of a contested case hearing to another date must be directed to the division. (b) ...
• Texas Labor Code Section 410.156 - Attendance Required; Administrative Violation
  (a) Each party shall attend a contested case hearing. (b) A party commits an administrative violation if the party, without good cause as determined by ...
• Texas Labor Code Section 410.157 - Rules
  The commissioner shall adopt rules governing procedures under which contested case hearings are conducted. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, ...
• Texas Labor Code Section 410.158 - Discovery
  (a) Except as provided by Section 410.162, discovery is limited to: (1) depositions on written questions to any health care provider; (2) depositions of other ...
• Texas Labor Code Section 410.159 - Standard Interrogatories
  (a) The commissioner by rule shall prescribe standard form sets of interrogatories to elicit information from claimants and insurance carriers. (b) Standard interrogatories shall be ...
• Texas Labor Code Section 410.160 - Exchange Of Information
  Within the time prescribed by commissioner rule, the parties shall exchange: (1) all medical reports and reports of expert witnesses who will be called to ...
• Texas Labor Code Section 410.161 - Failure To Disclose Information
  A party who fails to disclose information known to the party or documents that are in the party's possession, custody, or control at the time ...
• Texas Labor Code Section 410.162 - Additional Discovery
  For good cause shown, a party may obtain permission from the hearing officer to conduct additional discovery as necessary. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 410.163 - Powers And Duties Of Hearing Officer
  (a) At a contested case hearing the hearing officer shall: (1) swear witnesses; (2) receive testimony; (3) allow examination and cross-examination of witnesses; (4) accept ...
• Texas Labor Code Section 410.164 - Record
  (a) The proceedings of a contested case hearing shall be recorded electronically. A party may request a transcript of the proceeding and shall pay the ...
• Texas Labor Code Section 410.165 - Evidence
  (a) The hearing officer is the sole judge of the relevance and materiality of the evidence offered and of the weight and credibility to be ...
• Texas Labor Code Section 410.166 - Stipulations
  A written stipulation or agreement of the parties that is filed in the record or an oral stipulation or agreement of the parties that is ...
• Texas Labor Code Section 410.167 - Ex Parte Contacts Prohibited
  A party and a hearing officer may not communicate outside the contested case hearing unless the communication is in writing with copies provided to all ...
• Texas Labor Code Section 410.168 - Decision
  (a) The hearing officer shall issue a written decision that includes: (1) findings of fact and conclusions of law; (2) a determination of whether benefits ...
• Texas Labor Code Section 410.169 - Effect Of Decision
  A decision of a hearing officer regarding benefits is final in the absence of a timely appeal by a party and is binding during the ...
• Texas Labor Code Section 410.201 - Appeals Judges; Qualifications
  (a) Appeals judges, in a three-member panel, shall conduct administrative appeals proceedings. (b) An appeals judge must be licensed to practice law in this state. ...
• Texas Labor Code Section 410.202 - Request For Appeal; Response
  (a) To appeal the decision of a hearing officer, a party shall file a written request for appeal with the appeals panel not later than ...
• Texas Labor Code Section 410.203 - Powers And Duties Of Appeals Panel; Priority Of Hearing On Remand
  (a) The appeals panel shall consider: (1) the record developed at the contested case hearing; and (2) the written request for appeal and response filed ...
• Texas Labor Code Section 410.204 - Decision
  (a) The appeals panel shall review each request and issue a written decision on each reversed or remanded case. The decision must be in writing ...
• Texas Labor Code Section 410.205 - Effect Of Decision
  (a) A decision of the appeals panel regarding benefits is final in the absence of a timely appeal for judicial review. (b) The decision of ...
• Texas Labor Code Section 410.206 - Clerical Error
  The division may revise a decision in a contested case hearing on a finding of clerical error. Acts 1993, 73rd Leg., ch. 269, § 1, ...
• Texas Labor Code Section 410.207 - Continuation Of Division Jurisdiction
  During judicial review of the appeals panel decision on any disputed issue relating to a workers' compensation claim, the division retains jurisdiction of all other ...
• Texas Labor Code Section 410.208 - Judicial Enforcement Of Order Or Decision; Administrative Violation
  (a) If a person refuses or fails to comply with an interlocutory order, final order, or decision of the commissioner, the division may bring suit ...
• Texas Labor Code Section 410.209 - Reimbursement For Overpayment
  The subsequent injury fund shall reimburse an insurance carrier for any overpayments of benefits made under an interlocutory order or decision if that order or ...
• Texas Labor Code Section 410.251 - Exhaustion Of Remedies
  A party that has exhausted its administrative remedies under this subtitle and that is aggrieved by a final decision of the appeals panel may seek ...
• Texas Labor Code Section 410.252 - Time For Filing Petition; Venue
  (a) A party may seek judicial review by filing suit not later than the 40th day after the date on which the decision of the ...
• Texas Labor Code Section 410.253 - Service; Notice
  (a) A party seeking judicial review shall simultaneously: (1) file a copy of the party's petition with the court; (2) serve any opposing party to ...
• Texas Labor Code Section 410.254 - Intervention
  On timely motion initiated by the commissioner, the division shall be permitted to intervene in any judicial proceeding under this subchapter or Subchapter G. Acts ...
• Texas Labor Code Section 410.255 - Judicial Review Of Issues Other Than Compensability Or Income Or Death Benefits
  (a) For all issues other than those covered under Section 410.301(a), judicial review shall be conducted in the manner provided for judicial review of a ...
• Texas Labor Code Section 410.256 - Court Approval Of Settlement
  (a) A claim or issue may not be settled contrary to the provisions of the appeals panel decision issued on the claim or issue unless ...
• Texas Labor Code Section 410.257 - Judgment After Judicial Review
  (a) A judgment entered by a court on judicial review of the appeals panel decision under this subchapter or Subchapter G must comply with all ...
• Texas Labor Code Section 410.258 - Notification Of Division Of Proposed Judgments And Settlements; Right To Intervene
  (a) The party who initiated a proceeding under this subchapter or Subchapter G must file any proposed judgment or settlement made by the parties to ...
• Texas Labor Code Section 410.301 - Judicial Review Of Issues Regarding Compensability Or Income Or Death Benefits
  (a) Judicial review of a final decision of the appeals panel regarding compensability or eligibility for or the amount of income or death benefits shall ...
• Texas Labor Code Section 410.302 - Admissibility Of Records; Limitation Of Issues
  (a) The records of a contested case hearing conducted under this chapter are admissible in a trial under this subchapter in accordance with the Texas ...
• Texas Labor Code Section 410.303 - Burden Of Proof
  The party appealing the decision on an issue described in Section 410.301(a) has the burden of proof by a preponderance of the evidence. Acts 1993, ...
• Texas Labor Code Section 410.304 - Consideration Of Appeals Panel Decision
  (a) In a jury trial, the court, before submitting the case to the jury, shall inform the jury in the court's instructions, charge, or questions ...
• Texas Labor Code Section 410.305 - Conflict With Rules Of Civil Procedure
  (a) To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure or any other rules adopted by the supreme court, this ...
• Texas Labor Code Section 410.306 - Evidence
  (a) Evidence shall be adduced as in other civil trials. (b) The commission on payment of a reasonable fee shall make available to the parties ...
• Texas Labor Code Section 410.307 - Substantial Change Of Condition
  (a) Evidence of the extent of impairment is not limited to that presented to the division if the court, after a hearing, finds that there ...
• Texas Labor Code Section 410.308 - Certified Copy Of Notice Securing Compensation
  (a) The division shall furnish any interested party in the claim with a certified copy of the notice of the employer securing compensation with the ...
• Texas Labor Code Section 411.001 - Definitions
  In this chapter: (1) Repealed by Acts 2005, 79th Leg., ch. 265, § 7.01(23). (2) "Employer" means a person who makes a contract of hire. ...
• Texas Labor Code Section 411.002 - Application
  (a) An employer who obtains workers' compensation insurance coverage is subject to this chapter. (b) An employer is subject to this chapter if the employer: ...
• Texas Labor Code Section 411.003 - Immunity From Certain Liability
  (a) An insurance company, the agent, servant, or employee of the insurance company, or a safety consultant who performs a safety consultation under this chapter ...
• Texas Labor Code Section 411.004 - Exclusive Remedy
  Except as specifically provided by Subchapter F, this chapter does not create an independent cause of action at law or in equity. This chapter provides ...
• Texas Labor Code Section 411.011 - Coordination And Enforcement Of State Laws And Rules
  The division shall coordinate and enforce the implementation of state laws and rules relating to workers' health and safety issues. Acts 1993, 73rd Leg., ch. ...
• Texas Labor Code Section 411.012 - Collection And Analysis Of Information
  (a) The division shall collect and serve as a repository for statistical information on workers' health and safety. The division shall analyze and use that ...
• Texas Labor Code Section 411.013 - Federal Contracts And Programs
  The division may: (1) enter into contracts with the federal government to perform occupational safety projects; and (2) apply for federal funds through any federal ...
• Texas Labor Code Section 411.014 - Educational Programs; Cooperation With Other Entities
  (a) The division shall promote workers' health and safety through educational and other innovative programs developed by the department, the division, or other state agencies. ...
• Texas Labor Code Section 411.015 - Educational Publications
  (a) The division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. (b) Specific educational material ...
• Texas Labor Code Section 411.016 - Peer Review Safety Program
  The division shall certify safe employers to provide peer review safety programs. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 411.017 - Advisory Service To Insurance Carriers
  The division shall advise insurance carrier loss control service organizations of safety needs and priorities developed by the division and of: (1) hazard classifications, specific ...
• Texas Labor Code Section 411.018 - Federal Osha Compliance
  In accordance with Section 7(c), Occupational Safety and Health Act of 1970 (29 U.S.C. Section 656), the division shall: (1) consult with employers regarding compliance ...
• Texas Labor Code Section 411.031 - Job Safety Information System; Cooperation With Other Agencies
  (a) The division shall maintain a job safety information system. (b) The division shall obtain from any appropriate state agency, including the Texas Workforce Commission, ...
• Texas Labor Code Section 411.032 - Employer Injury And Occupational Disease Report; Administrative Violation
  (a) An employer shall file with the division a report of each: (1) on-the-job injury that results in the employee's absence from work for more ...
• Texas Labor Code Section 411.033 - Job Safety Data Base
  The job safety information system must include a comprehensive data base that incorporates all pertinent information relating to each injury reported under Section 411.032, including: ...
• Texas Labor Code Section 411.034 - Confidentiality Requirement; Offense; Penalty
  (a) The identity of an employee in a report filed under Section 411.032 is confidential and may not be disclosed as part of the job ...
• Texas Labor Code Section 411.035 - Use Of Injury Report
  A report made under Section 411.032 may not be considered to be an admission by or evidence against an employer or an insurance carrier in ...
• Texas Labor Code Section 411.061 - Accident Prevention Services; Prerequisite For License
  (a) As a prerequisite for writing workers' compensation insurance in this state, an insurance company must maintain or provide accident prevention facilities that are adequate ...
• Texas Labor Code Section 411.063 - Accident Prevention Personnel
  (a) To provide qualified accident prevention personnel and services, an insurance company may: (1) employ qualified personnel; (2) retain qualified independent contractors; (3) contract with ...
• Texas Labor Code Section 411.064 - Inspections
  (a) The division may conduct inspections to determine the adequacy of the accident prevention services required by Section 411.061 for each insurance company writing workers' ...
• Texas Labor Code Section 411.065 - Annual Information Submitted By Insurance Company
  (a) Each insurance company writing workers' compensation insurance in this state shall submit to the division at least once a year detailed information on the ...
• Texas Labor Code Section 411.066 - Notice To Policyholders
  Notice that accident prevention services are available to the policyholder from the insurance company must appear in at least 10-point bold type on the front ...
• Texas Labor Code Section 411.067 - Division Personnel
  (a) The division shall employ the personnel necessary to enforce this subchapter, including at least 10 safety inspectors to perform inspections at a job site ...
• Texas Labor Code Section 411.068 - Administrative Violation
  (a) An insurance company commits a violation if the insurance company does not: (1) maintain or provide the accident prevention services required by this subchapter; ...
• Texas Labor Code Section 411.081 - Telephone Hotline
  (a) The division shall maintain a 24-hour toll-free telephone service in English and Spanish for reports of violations of occupational health or safety law. (b) ...
• Texas Labor Code Section 411.082 - Employer Retaliation Prohibited
  An employer may not suspend or terminate the employment of or otherwise discriminate against an employee for using the telephone service to report in good ...
• Texas Labor Code Section 411.083 - Judicial Relief For Employer Retaliation
  (a) An employee whose employment is terminated or suspended in violation of Section 411.082 is entitled to: (1) reinstatement to the employee's former position; (2) ...
• Texas Labor Code Section 411.084 - Educational Publications
  (a) The division shall provide to employers and employees educational material, including books, pamphlets, brochures, films, videotapes, or other informational material. (b) Educational material shall ...
• Texas Labor Code Section 411.101 - Legislative Policy; Purpose
  It is the policy of this state to protect the health and welfare of its people and to reduce and, to every reasonable extent, eliminate ...
• Texas Labor Code Section 411.102 - Definitions
  In this subchapter: (1) Repealed by Acts 2005, 79th Leg., ch. 265, § 7.01(28). (2) "Employee" means an individual who works for an employer for ...
• Texas Labor Code Section 411.103 - Duty Of Employer To Provide Safe Workplace
  Each employer shall: (1) provide and maintain employment and a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and ...
• Texas Labor Code Section 411.104 - Division Duties
  (a) The division shall administer this subchapter. (b) In addition to the duties specified in this chapter, the division shall perform other duties as required ...
• Texas Labor Code Section 411.105 - Confidential Information; Penalty
  (a) The division and its employees may not disclose at a public hearing or otherwise information relating to secret processes, methods of manufacture, or products. ...
• Texas Labor Code Section 411.106 - Safety Classification
  (a) To establish a safety classification for employers, the division shall: (1) obtain medical and compensation cost information regularly compiled by the department in performing ...
• Texas Labor Code Section 411.107 - Elimination Of Safety Impediments
  The division may endeavor to eliminate an impediment to occupational or industrial safety that is reported to the division by an affected employer. In attempting ...
• Texas Labor Code Section 411.108 - Accident Reports
  The division may require an employer and any other appropriate person to report accidents, personal injuries, fatalities, or other statistics and information relating to accidents ...
• Texas Labor Code Section 411.109 - Effect On Other Law
  This subchapter and Chapters 341 and 755, Health and Safety Code, to the extent possible shall all be given effect. Added by Acts 1995, 74th ...
• Texas Labor Code Section 411.110 - Labor Disputes
  (a) It is the intent of the legislature that this subchapter, or an act performed under this subchapter, may not be: (1) used as an ...
• Texas Labor Code Section 412.012 - Funding
  Text of section as amended by Acts 2001, 77th Leg., ch. 559, § 1 and Acts 2001, 77th Leg., ch. 1456, § 14.01 The ...
• Texas Labor Code Section 412.012 - Funding
  Text of section as amended by Acts 2001, 77th Leg., ch. 1017, § 1.02 The office shall be administered through money appropriated by the ...
• Texas Labor Code Section 412.0121 - Interagency Contracts
  Text of section as renumbered from V.T.C.A., Labor Code § 412.012(b) and amended by Acts 2001, 77th Leg., ch. 559, § 1 and Acts ...
• Texas Labor Code Section 412.0121 - Interagency Contracts
  Text of section as renumbered from V.T.C.A., Labor Code § 412.012(b) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02 (a) Each ...
• Texas Labor Code Section 412.0122 - State Self-Insuring For Workers' Compensation
  Text of section as renumbered from V.T.C.A., Labor Code § 412.012(c) and amended by Acts 2001, 77th Leg., ch. 559, § 1, and Acts ...
• Texas Labor Code Section 412.0122 - State Self-Insuring For Workers' Compensation
  Text of section as renumbered from V.T.C.A., Labor Code § 412.012(c) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02 (a) The ...
• Texas Labor Code Section 412.0123 - Allocation Of Workers' Compensation And Risk Management Costs; Risk Reward Program
  Text of section as added by Acts 2001, 77th Leg., ch. 559, § 1, and Acts 2001, 77th Leg., ch. 1456, § 14.01 Text of ...
• Texas Labor Code Section 412.0123 - Deposit Of Workers' Compensation Subrogation Recoveries
  Text of section as renumbered from V.T.C.A., Labor Code § 412.012(d) by Acts 2001, 77th Leg., ch. 1017, § 1.02 (a) All money recovered ...
• Texas Labor Code Section 412.0124 - Deposit Of Workers' Compensation Subrogation Recoveries.
  All money recovered by the director from a third party through subrogation shall be deposited into the state workers' compensation account in general revenue. Added ...
• Texas Labor Code Section 412.021 - Risk Management Board
  (a) The office is governed by the risk management board. Members of the board must have demonstrated experience in the fields of: (1) insurance and ...
• Texas Labor Code Section 412.022 - Training Program For Board Members
  (a) To be eligible to take office as a member of the board, a person appointed to the board must complete at least one course ...
• Texas Labor Code Section 412.023 - Effect Of Lobbying Activity
  A person may not serve as a member of the board or act as the general counsel to the board if the person is required ...
• Texas Labor Code Section 412.024 - Grounds For Removal From Board
  (a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Labor Code Section 412.031 - Rulemaking Authority
  The board shall adopt rules as necessary to implement this chapter and Chapter 501, including rules relating to reporting requirements for a state agency. Added ...
• Texas Labor Code Section 412.032 - Board's Report To Legislature
  (a) Based on the recommendations of the director, the board shall report to each legislature relating to: (1) methods to reduce the exposure of state ...
• Texas Labor Code Section 412.033 - Hiring Director
  The board shall hire a qualified person to serve as director of the office. The director serves at the pleasure of the board. Added by ...
• Texas Labor Code Section 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 ...
• Texas Labor Code Section 412.042 - Reports To The Legislature
  (a) The director shall report to the legislature at the beginning of each regular session regarding the services provided by the office to a state ...
• Texas Labor Code Section 412.051 - Duties Of State Agencies; Insurance Reporting Requirements
  (a) Each state agency shall actively manage the risks of that agency by: (1) developing, implementing, and maintaining programs designed to assist employees who sustain ...
• Texas Labor Code Section 412.052 - Exemption Of Certain State Agencies
  This chapter does not apply to a state agency that had medical malpractice insurance coverage, workers' compensation insurance coverage, or other self-insurance coverage with associated ...
• Texas Labor Code Section 412.053 - Annual Report By State Agency
  (a) Each state agency shall report to the director for each fiscal year: (1) the location, timing, frequency, severity, and aggregate amounts of losses by ...
• Texas Labor Code Section 413.002 - Medical Review
  (a) The division shall monitor health care providers, insurance carriers, independent review organizations, and workers' compensation claimants who receive medical services to ensure the compliance ...
• Texas Labor Code Section 413.003 - Authority To Contract
  The division may contract with a private or public entity to perform a duty or function of the division. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 413.004 - Coordination With Providers
  The division shall coordinate its activities with health care providers as necessary to perform its duties under this chapter. The coordination may include: (1) conducting ...
• Texas Labor Code Section 413.006 - 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 ...
• Texas Labor Code Section 413.007 - Information Maintained By Division
  (a) The division shall maintain a statewide data base of medical charges, actual payments, and treatment protocols that may be used by: (1) the commissioner ...
• Texas Labor Code Section 413.008 - Information From Insurance Carriers; Administrative Violation
  (a) On request from the division for specific information, an insurance carrier shall provide to the division any information in the carrier's possession, custody, or ...
• Texas Labor Code Section 413.011 - Reimbursement Policies And Guidelines; Treatment Guidelines And Protocols
  (a) The commissioner shall adopt health care reimbursement policies and guidelines that reflect the standardized reimbursement structures found in other health care delivery systems with ...
• Texas Labor Code Section 413.0111 - Processing Agents
  The rules adopted by the commissioner for the reimbursement of prescription medications and services must authorize pharmacies to use agents or assignees to process claims ...
• Texas Labor Code Section 413.012 - Medical Policy And Guideline Updates Required
  The medical policies and fee guidelines shall be reviewed and revised at least every two years to reflect fair and reasonable fees and to reflect ...
• Texas Labor Code Section 413.013 - Programs
  The commissioner by rule shall establish: (1) a program for prospective, concurrent, and retrospective review and resolution of a dispute regarding health care treatments and ...
• Texas Labor Code Section 413.014 - Preauthorization Requirements; Concurrent Review And Certification Of Health Care
  (a) In this section, "investigational or experimental service or device" means a health care treatment, service, or device for which there is early, developing scientific ...
• Texas Labor Code Section 413.0141 - Initial Pharmaceutical Coverage
  The commissioner may by rule provide that an insurance carrier shall provide for payment of specified pharmaceutical services sufficient for the first seven days following ...
• Texas Labor Code Section 413.015 - Payment By Insurance Carriers; Audit And Review
  (a) Insurance carriers shall make appropriate payment of charges for medical services provided under this subtitle. An insurance carrier may contract with a separate entity ...
• Texas Labor Code Section 413.016 - Payments In Violation Of Medical Policies And Fee Guidelines
  (a) The division shall order a refund of charges paid to a health care provider in excess of those allowed by the medical policies or ...
• Texas Labor Code Section 413.017 - Presumption Of Reasonableness
  The following medical services are presumed reasonable: (1) medical services consistent with the medical policies and fee guidelines adopted by the commissioner; and (2) medical ...
• Texas Labor Code Section 413.018 - Review Of Medical Care If Guidelines Exceeded
  (a) The commissioner by rule shall provide for the periodic review of medical care provided in claims in which guidelines for expected or average return ...
• Texas Labor Code Section 413.019 - Interest Earned For Delayed Payment, Refund, Or Overpayment
  (a) Interest on an unpaid fee or charge that is consistent with the fee guidelines accrues at the rate provided by Section 401.023 beginning on ...
• Texas Labor Code Section 413.020 - Division Charges
  The commissioner by rule shall establish procedures to enable the division to charge: (1) an insurance carrier a reasonable fee for access to or evaluation ...
• Texas Labor Code Section 413.021 - Return-To-Work Coordination Services
  (a) An insurance carrier shall, with the agreement of a participating employer, provide the employer with return-to-work coordination services as necessary to facilitate an employee's ...
• Texas Labor Code Section 413.022 - Return-To-Work Pilot Program For Small Employers; Fund
  Text of section effective until September 1, 2009 (a) In this section: (1) "Account" means the workers' compensation return-to-work account. (2) "Eligible employer" means ...
• Texas Labor Code Section 413.023 - Information To Employers
  (a) The division shall provide employers with information on methods to enhance the ability of an injured employee to return to work. The information may ...
• Texas Labor Code Section 413.024 - Information To Employees
  The division shall provide injured employees with information regarding the benefits of early return to work. The information must include information on how to receive ...
• Texas Labor Code Section 413.025 - Return-To-Work Goals And Assistance
  (a) The division shall assist recipients of income benefits to return to the workforce. The division shall develop improved data sharing, within the standards of ...
• Texas Labor Code Section 413.031 - Medical Dispute Resolution
  (a) A party, including a health care provider, is entitled to a review of a medical service provided or for which authorization of payment is ...
• Texas Labor Code Section 413.032 - Independent Review Organization Decision; Appeal
  (a) An independent review organization that conducts a review under this chapter shall specify the elements on which the decision of the organization is based. ...
• Texas Labor Code Section 413.041 - Disclosure
  (a) Each health care practitioner shall disclose to the division the identity of any health care provider in which the health care practitioner, or the ...
• Texas Labor Code Section 413.042 - Private Claims; Administrative Violation
  (a) A health care provider may not pursue a private claim against a workers' compensation claimant for all or part of the cost of a ...
• Texas Labor Code Section 413.043 - Overcharging Prohibited; Offense
  (a) A health care provider commits an offense if the person knowingly charges an insurance carrier an amount greater than that normally charged for similar ...
• Texas Labor Code Section 413.044 - Sanctions On Designated Doctor
  (a) In addition to or in lieu of an administrative penalty under Section 415.021 or a sanction imposed under Section 415.023, the commissioner may impose ...
• Texas Labor Code Section 413.051 - Contracts With Review Organizations And Health Care Providers
  (a) In this section, "health care provider professional review organization" includes an independent review organization. (b) The division may contract with a health care provider, ...
• Texas Labor Code Section 413.0511 - Medical Advisor
  (a) The division shall employ or contract with a medical advisor, who must be a doctor as that term is defined by Section 401.011. (b) ...
• Texas Labor Code Section 413.0512 - Medical Quality Review Panel
  (a) The medical advisor shall establish a medical quality review panel of health care providers to assist the medical advisor in performing the duties required ...
• Texas Labor Code Section 413.0513 - Confidentiality Requirements
  (a) Information collected, assembled, or maintained by or on behalf of the division under Section 413.0511 or 413.0512 constitutes an investigation file for purposes of ...
• Texas Labor Code Section 413.0514 - Information Sharing With Occupational Licensing Boards
  (a) This section applies only to information held by or for the division, the Texas State Board of Medical Examiners, and Texas Board of Chiropractic ...
• Texas Labor Code Section 413.0515 - Reports Of Physician And Chiropractor Violations
  (a) If the division or the Texas State Board of Medical Examiners discovers an act or omission by a physician that may constitute a felony, ...
• Texas Labor Code Section 413.052 - Production Of Documents
  The commissioner by rule shall establish procedures to enable the division to compel the production of documents. Acts 1993, 73rd Leg., ch. 269, § 1, ...
• Texas Labor Code Section 413.053 - Standards Of Reporting And Billing
  The commissioner by rule shall establish standards of reporting and billing governing both form and content. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ...
• Texas Labor Code Section 413.054 - Immunity From Liability
  (a) A person who performs services for the division as a designated doctor, an independent medical examiner, a doctor performing a medical case review, or ...
• Texas Labor Code Section 413.055 - Interlocutory Orders; Reimbursement
  (a) The commissioner may enter an interlocutory order for the payment of all or part of medical benefits. The order may address accrued benefits, future ...
• Texas Labor Code Section 414.002 - Monitoring Duties
  (a) The division shall monitor for compliance with commissioner rules, this subtitle, and other laws relating to workers' compensation the conduct of persons subject to ...
• Texas Labor Code Section 414.003 - Compilation And Use Of Information
  (a) The division shall compile and maintain statistical and other information as necessary to detect practices or patterns of conduct by persons subject to monitoring ...
• Texas Labor Code Section 414.004 - Performance Review Of Insurance Carriers
  (a) The division shall review regularly the workers' compensation records of insurance carriers as required to ensure compliance with this subtitle. (b) Each insurance carrier, ...
• Texas Labor Code Section 414.005 - Investigation Unit
  The division shall maintain an investigation unit to conduct investigations relating to alleged violations of this subtitle, commissioner rules, or a commissioner order or decision, ...
• Texas Labor Code Section 414.006 - Referral To Other Authorities
  For further investigation or the institution of appropriate proceedings, the division may refer the persons involved in a case subject to an investigation to other ...
• Texas Labor Code Section 414.007 - Medical Review
  The division shall review information concerning alleged violations of this subtitle regarding the provision of medical benefits, commissioner rules, or a commissioner order or decision, ...
• Texas Labor Code Section 415.001 - Administrative Violation By Representative Of Employee Or Legal Beneficiary
  A representative of an employee or legal beneficiary commits an administrative violation if the person: (1) fails without good cause to attend a dispute resolution ...
• Texas Labor Code Section 415.002 - Administrative Violation By Insurance Carrier
  (a) An insurance carrier or its representative commits an administrative violation if that person: (1) misrepresents a provision of this subtitle to an employee, an ...
• Texas Labor Code Section 415.003 - Administrative Violation By Health Care Provider
  A health care provider commits an administrative violation if the person: (1) submits a charge for health care that was not furnished; (2) administers improper, ...
• Texas Labor Code Section 415.0035 - Additional Violations By Insurance Carrier Or Health Care Provider
  (a) An insurance carrier or its representative commits an administrative violation if that person: (1) fails to submit to the division a settlement or agreement ...
• Texas Labor Code Section 415.004 - Penalty Specified In Other Law
  If an act that is an administrative violation under Section 415.001, 415.002, or 415.003 is expressly made an administrative violation of a particular class or ...
• Texas Labor Code Section 415.005 - Overcharging By Health Care Providers Prohibited; Administrative Violation
  (a) A health care provider commits a violation if the person charges an insurance carrier an amount greater than that normally charged for similar treatment ...
• Texas Labor Code Section 415.006 - Employer Chargebacks Prohibited; Administrative Violation
  (a) An employer may not collect from an employee, directly or indirectly, a premium or other fee paid by the employer to obtain workers' compensation ...
• Texas Labor Code Section 415.007 - Loans By Attorneys Prohibited
  (a) An attorney who represents a claimant before the division may not lend money to the claimant during the pendency of the workers' compensation claim. ...
• Texas Labor Code Section 415.008 - Fraudulently Obtaining Or Denying Benefits; Administrative Violation
  (a) A person commits a violation if the person, to obtain or deny a payment of a workers' compensation benefit or the provision of a ...
• Texas Labor Code Section 415.009 - Frivolous Actions; Administrative Violation
  (a) A person commits a violation if the person brings, prosecutes, or defends an action for benefits under this subtitle or requests initiation of an ...
• Texas Labor Code Section 415.010 - Breach Of Agreement; Administrative Violation
  (a) A party to an agreement approved by the division commits a violation if the person breaches a provision of the agreement. (b) A violation ...
• Texas Labor Code Section 415.021 - Assessment Of Administrative Penalties
  (a) In addition to any other provisions in this subtitle relating to violations, a person commits an administrative violation if the person violates, fails to ...
• Texas Labor Code Section 415.022 - Classification Of Administrative Violations; Penalties
  Administrative violations are classified as follows: (1) a Class A administrative violation, punishable by an administrative penalty not to exceed $10,000; (2) a Class B ...
• Texas Labor Code Section 415.023 - Commission Of Wrongful Act As Matter Of Practice; Administrative Violation
  (a) A person who commits an administrative violation under Section 415.001, 415.002, 415.003, or 415.0035 as a matter of practice is subject to an applicable ...
• Texas Labor Code Section 415.024 - Breach Of Settlement Agreement; Administrative Violation
  A material and substantial breach of a settlement agreement that establishes a compliance plan is an administrative violation. In determining the amount of the penalty, ...
• Texas Labor Code Section 415.025 - References To A Class Of Violation Or Penalty
  A reference in this code or other law, or in rules of the former Texas Workers' Compensation Commission or the commissioner, to a particular class ...
• Texas Labor Code Section 415.031 - Initiation Of Administrative Violation Proceedings
  Any person may request the initiation of administrative violation proceedings by filing a written allegation with the division. Acts 1993, 73rd Leg., ch. 269, § ...
• Texas Labor Code Section 415.032 - Notice Of Possible Administrative Violation; Response
  (a) If investigation by the division indicates that an administrative violation has occurred, the division shall notify the person alleged to have committed the violation ...
• Texas Labor Code Section 415.033 - Failure To Respond
  If, without good cause, a charged party fails to respond as required under Section 415.032, the penalty is due and the division shall initiate enforcement ...
• Texas Labor Code Section 415.034 - Hearing Procedures
  (a) On the request of the charged party or the commissioner, the State Office of Administrative Hearings shall set a hearing. The hearing shall be ...
• Texas Labor Code Section 415.035 - Judicial Review
  (a) A decision under Section 415.034 is subject to judicial review in the manner provided for judicial review under Chapter 2001, Government Code. (b) If ...
• Texas Labor Code Section 416.001 - Certain Causes Of Action Precluded
  An action taken by an insurance carrier under an order of the commissioner or recommendations of a benefit review officer under Section 410.031, 410.032, or ...
• Texas Labor Code Section 416.002 - Exemplary Damages
  (a) In an action against an insurance carrier for a breach of the duty of good faith and fair dealing, recovery of exemplary damages is ...
• Texas Labor Code Section 417.001 - Third-Party Liability
  (a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or ...
• Texas Labor Code Section 417.002 - Recovery In Third-Party Action
  (a) The net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, ...
• Texas Labor Code Section 417.003 - Attorney's Fee For Representation Of Insurance Carrier's Interest
  (a) An insurance carrier whose interest is not actively represented by an attorney in a third-party action shall pay a fee to an attorney representing ...
• Texas Labor Code Section 417.004 - Employer Liability To Third Party
  In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages ...
• Texas Labor Code Section 418.001 - Penalty For Fraudulently Obtaining Or Denying Benefits
  (a) A person commits an offense if the person, with the intent to obtain or deny payment of benefits, including medical benefits, under this subtitle ...
• Texas Labor Code Section 418.002 - Penalty For Fraudulently Obtaining Workers' Compensation Insurance Coverage
  (a) A person commits an offense if the person, with the intent to obtain workers' compensation insurance coverage under the workers' compensation insurance laws of ...
• Texas Labor Code Section 419.001 - Definitions
  (a) In this chapter: (1) "Representation of the division's logo" includes a nonexact representation that is deceptively similar to the logo used by the division. ...
• Texas Labor Code Section 419.002 - Misuse Of Division's Name Or Symbols Prohibited
  (a) Except as authorized by law, a person, in connection with any impersonation, advertisement, solicitation, business name, business activity, document, product, or service made or ...
• Texas Labor Code Section 419.003 - Rules
  The commissioner may adopt rules relating to the regulation of the use of the division's name and other rules as necessary to implement this chapter. ...
• Texas Labor Code Section 419.004 - Civil Penalty
  (a) A person who violates Section 419.002 or a rule adopted under this chapter is liable for a civil penalty not to exceed $ 5,000 ...
• Texas Labor Code Section 419.005 - Administrative Penalty
  (a) The division may assess an administrative penalty against a person who violates Section 419.002 or a rule adopted under this chapter. (b) An administrative ...
• Texas Labor Code Section 419.006 - Injunctive Relief
  (a) At the request of the commissioner, the attorney general or a district attorney may bring an action in district court in Travis County to ...
• Texas Labor Code Section 419.007 - Remedies Not Exclusive
  The remedies provided by this chapter are not exclusive and may be sought in any combination determined by the commissioner as necessary to enforce this ...
• Texas Labor Code Section 451.001 - Discrimination Against Employees Prohibited
  A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers' compensation claim in ...
• Texas Labor Code Section 451.002 - Remedies; Burden Of Proof
  (a) A person who violates Section 451.001 is liable for reasonable damages incurred by the employee as a result of the violation. (b) An employee ...
• Texas Labor Code Section 451.003 - Injunction
  A district court may restrain, for cause shown, a violation of Section 451.001. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 501.001 - Definitions
  In this chapter: (1) "Division" means the division of workers' compensation of the Texas Department of Insurance. (2) "Compensable injury" has the meaning assigned to ...
• Texas Labor Code Section 501.002 - Application Of General Workers' Compensation Laws; Limit On Actions And Damages
  (a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent ...
• Texas Labor Code Section 501.003 - Legal Beneficiary Of Deceased Employee
  (a) The provisions of this chapter and the rules of the board affecting an employee also apply to the legal beneficiary of a deceased employee. ...
• Texas Labor Code Section 501.021 - Workers' Compensation Coverage For Employees
  An employee with a compensable injury is entitled to compensation by the director as provided by this chapter. Acts 1993, 73rd Leg., ch. 269, § ...
• Texas Labor Code Section 501.022 - Texas Tech University Employees
  (a) An eligible employee of Texas Tech University, Texas Tech University Health Sciences Center, or another agency under the direction and control of the board ...
• Texas Labor Code Section 501.024 - Exclusions From Coverage
  The following persons are excluded from coverage as an employee under this chapter: (1) a person performing personal services for the state as an independent ...
• Texas Labor Code Section 501.025 - Coverage For Out-Of-State Employees
  (a) An employee who performs services outside the state is entitled to benefits under this chapter even if the person: (1) is hired or not ...
• Texas Labor Code Section 501.026 - Coverage For Certain Services Provided By Volunteers
  (a) In this section, "disaster" means an occurrence in which the governor has issued a declaration of a state of disaster under Chapter 418, Government ...
• Texas Labor Code Section 501.0431 - Compilation Of Statistics Relating To Fraud
  The director shall maintain statistics on the number, type, and disposition of fraudulent claims for medical benefits under this chapter. Added by Acts 1997, 75th ...
• Texas Labor Code Section 501.044 - Effect Of Sick Leave; Annual Leave
  (a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is ...
• Texas Labor Code Section 501.045 - Effect Of Emergency Leave
  (a) Payments for emergency leave authorized by the administrative head of a state agency in accordance with the General Appropriations Act for an employee receiving ...
• Texas Labor Code Section 501.046 - Reports Of Termination Or Continuation Of Injuries
  In addition to other reports required by the board, the director shall file a subsequent report not later than the 10th day after the date ...
• Texas Labor Code Section 501.048 - State Agency Summary In Budget Requests
  Each state agency shall submit in the administrative statement of its biennial budget request a summary containing: (1) the number of first reports of injury ...
• Texas Labor Code Section 501.050 - Notice Of Appeal; Notice Of Trial Court Judgment; Offense
  (a) In each case appealed from the division to a county or district court: (1) the clerk of the court shall mail to the division: ...
• Texas Labor Code Section 501.051 - Payment Of Medical And Indemnity Benefits
  Medical benefit and income benefit payments made by the office are subject to this subtitle and are exempt from Chapter 2251, Government Code. Added by ...
• Texas Labor Code Section 502.001 - Definitions
  In this chapter: (1) "Division" means the division of workers' compensation of the Texas Department of Insurance. (2) "Employee" means a person employed in the ...
• Texas Labor Code Section 502.002 - Application Of General Workers' Compensation Laws; Limit On Actions And Damages
  (a) The following provisions of Subtitle A apply to and are included in this chapter except to the extent that they are inconsistent with this ...
• Texas Labor Code Section 502.003 - Legal Beneficiary Of Deceased Employee
  (a) A reference in this chapter to an injured employee includes the legal beneficiaries of the employee if the injured employee is dead. (b) In ...
• Texas Labor Code Section 502.021 - Workers' Compensation Coverage For Institution Employees
  (a) The system shall pay benefits as provided by this chapter to an employee with a compensable injury. (b) A benefit under this section for ...
• Texas Labor Code Section 502.022 - Authority To Self-Insure
  An institution may self-insure. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 502.023 - Insurance Requirement
  (a) The board of regents of the system may require each employee, as a condition of employment, to acquire protection under a group life and ...
• Texas Labor Code Section 502.024 - Preexisting Disqualifying Condition
  (a) An institution may certify as an employee a person who indicates a preexisting disqualifying physical condition in a medical history obtained under Section 502.064 ...
• Texas Labor Code Section 502.025 - Coverage For Out-Of-State Employees
  (a) An employee who performs services outside this state is entitled to benefits under this chapter even if the person: (1) is hired or not ...
• Texas Labor Code Section 502.041 - Exhaustion Of Annual And Sick Leave
  (a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is ...
• Texas Labor Code Section 502.061 - Administration And Rules
  (a) The system shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The system may: (1) ...
• Texas Labor Code Section 502.062 - Percentage Of Payroll Set Aside For Workers' Compensation Expenses; Account; Reports
  (a) An institution may set aside from its available appropriations, other than itemized salary appropriations, an amount not to exceed two percent of the institution's ...
• Texas Labor Code Section 502.063 - Certified Copies Of Division Documents
  (a) The division shall furnish a certified copy of an order, award, decision, or paper on file in the division's office to a person entitled ...
• Texas Labor Code Section 502.064 - Preemployment Physical Required; Examining Physicians; Institution Records
  (a) An institution may obtain and record on a form prescribed by the institution the medical history of a person to be employed by the ...
• Texas Labor Code Section 502.065 - Reports Of Injuries
  (a) In addition to a report of an injury filed with the division under Section 409.005(a), an institution shall file a supplemental report that contains: ...
• Texas Labor Code Section 502.066 - Required Examination Of Injured Employee; Refusal To Submit To Examination
  (a) The division may require an employee who claims to have been injured to submit to an examination by the division or a person acting ...
• Texas Labor Code Section 502.067 - Refusal To Submit To Medical Treatment
  (a) The commissioner of workers' compensation may order or direct the system or the institution to reduce or suspend the compensation of an injured employee ...
• Texas Labor Code Section 502.068 - Postponement Of Hearing
  If an injured employee is receiving benefits under this chapter and the system or the institution is providing hospitalization, medical treatment, or chiropractic care to ...
• Texas Labor Code Section 502.069 - Notice Of Appeal; Notice Of Trial Court Judgment; Offense
  (a) In each case appealed from the division to a county or district court: (1) the clerk of the court shall mail to the division: ...
• Texas Labor Code Section 502.070 - Attorney General As Legal Representative
  The attorney general is the institution's legal representative and may bring and defend all suits and hearings necessary to carry out the purposes of this ...
• Texas Labor Code Section 503.001 - Definitions
  In this chapter: (1) "Commissioner" means the commissioner of workers' compensation. (1-a) "Division" means the division of workers' compensation of the Texas Department of Insurance. ...
• Texas Labor Code Section 503.002 - Application Of General Workers' Compensation Laws; Limit On Actions And Damages
  (a) The following provisions of Subtitle A apply to and are included in this chapter except to the extent that they are inconsistent with this ...
• Texas Labor Code Section 503.003 - Legal Beneficiary Of Deceased Employee
  (a) A reference in this chapter to an injured employee includes the legal beneficiaries of the employee if the injured employee is dead. (b) In ...
• Texas Labor Code Section 503.021 - Workers' Compensation Coverage For System And Institution Employees
  (a) The system shall pay benefits as provided by this chapter to an employee with a compensable injury. (b) A benefit under this section for ...
• Texas Labor Code Section 503.022 - Authority To Self-Insure
  An institution may self-insure as part of a system insurance plan. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by ...
• Texas Labor Code Section 503.023 - Insurance Requirement
  The board of regents of the system may require each person employed by the system or an institution other than by appointment or express contract ...
• Texas Labor Code Section 503.024 - Waiver Of Rights
  An agreement by an employee to waive the employee's rights under this chapter is valid if made in writing by the employee before becoming an ...
• Texas Labor Code Section 503.025 - Coverage For Out-Of-State Employees
  (a) An employee who performs services outside this state is entitled to benefits under this chapter even if the person: (1) is hired or not ...
• Texas Labor Code Section 503.041 - Exhaustion Of Annual And Sick Leave
  (a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is ...
• Texas Labor Code Section 503.061 - Administration And Rules
  (a) The system shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The system may: (1) ...
• Texas Labor Code Section 503.062 - Percentage Of Payroll Set Aside For Workers' Compensation Expenses; Account; Reports
  (a) An institution may set aside from its available appropriations, other than itemized salary appropriations, an amount not to exceed two percent of the institution's ...
• Texas Labor Code Section 503.063 - Certified Copies Of Division Documents
  (a) The division shall furnish a certified copy of an order, award, decision, or paper on file in the division's office to a person entitled ...
• Texas Labor Code Section 503.064 - Examining Physicians
  (a) The institution shall designate a convenient number of licensed practicing physicians to perform physical examinations of individuals employed or to be employed by the ...
• Texas Labor Code Section 503.065 - Reports Of Injuries
  (a) In addition to a report of an injury filed with the division under Section 409.005(a), an institution shall file a supplemental report that contains: ...
• Texas Labor Code Section 503.066 - Required Examination Of Injured Employee; Refusal To Submit To Examination
  (a) The division may require an employee who claims to have been injured to submit to an examination by the division or a person acting ...
• Texas Labor Code Section 503.067 - Refusal To Submit To Medical Treatment
  (a) The commissioner may order or direct the system or the institution to reduce or suspend the compensation of an injured employee who: (1) persists ...
• Texas Labor Code Section 503.068 - Postponement Of Hearing
  If an injured employee is receiving benefits under this chapter and the system or the institution is providing hospitalization or medical treatment to the employee, ...
• Texas Labor Code Section 503.069 - Notice Of Appeal; Notice Of Trial Court Judgment; Offense
  (a) In each case appealed from the division to a county or district court: (1) the clerk of the court shall mail to the division: ...
• Texas Labor Code Section 503.070 - Venue For Judicial Review
  (a) A party who does not consent to abide by the final decision of the commissioner shall file notice with the division as required by ...
• Texas Labor Code Section 503.071 - Attorney General As Legal Representative
  The attorney general is the institution's legal representative and may bring and defend all suits and hearings necessary to carry out the purposes of this ...
• Texas Labor Code Section 504.001 - Definitions
  In this chapter, unless a different meaning is plainly required by the context: (1) "Division" means the division of workers' compensation of the Texas Department ...
• Texas Labor Code Section 504.002 - Application Of General Workers' Compensation Laws; Limit On Actions And Damages
  (a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent ...
• Texas Labor Code Section 504.003 - Election Of Remedies
  A person may not bring an action for wrongful discharge under both Chapter 451 and Chapter 554, Government Code. Acts 1993, 73rd Leg., ch. 269, ...
• Texas Labor Code Section 504.011 - Method Of Providing Coverage
  A political subdivision shall extend workers' compensation benefits to its employees by: (1) becoming a self-insurer; (2) providing insurance under a workers' compensation insurance policy; ...
• Texas Labor Code Section 504.012 - Optional Coverages
  (a) A political subdivision may cover volunteer fire fighters, police officers, emergency medical personnel, and other volunteers that are specifically named. A person covered under ...
• Texas Labor Code Section 504.013 - Coverage For Trustees And Staff Of Self-Insurance Fund
  By majority vote of the board of trustees of a self-insurance fund created under this chapter, the fund may cover: (1) members of the board ...
• Texas Labor Code Section 504.014 - Exclusions
  A person is not an employee and is not entitled to compensation under this chapter if the person: (1) is in the service of a ...
• Texas Labor Code Section 504.015 - Municipal Utilities
  (a) This section applies to a municipal utility operated by a board of trustees established under Section 1502.070, Government Code, or a similar law. (b) ...
• Texas Labor Code Section 504.016 - Joint Insurance Fund
  (a) Two or more political subdivisions may establish a joint insurance fund as provided by this section. (b) A political subdivision may pay into the ...
• Texas Labor Code Section 504.017 - Federal And State Funded Transportation Entities
  An entity is eligible to participate under Section 504.016 or Chapter 791 or 2259, Government Code, if the entity provides transportation subsidized in whole or ...
• Texas Labor Code Section 504.018 - Notice To Division And Employees; Effect On Common-Law Or Statutory Liability
  (a) A political subdivision shall notify the division of the method by which its employees will receive benefits, the approximate number of employees covered, and ...
• Texas Labor Code Section 504.051 - Offset Against Payments For Incapacity
  (a) Benefits provided under this chapter shall be offset: (1) to the extent applicable, by any amount for incapacity received as provided by: (A) Chapter ...
• Texas Labor Code Section 504.052 - Sick Leave Benefits
  (a) The governing body of a political subdivision, by majority vote, may provide that while an employee of the political subdivision is receiving benefits under ...
• Texas Labor Code Section 504.053 - Election
  (a) A political subdivision that self-insures either individually or collectively shall provide workers' compensation medical benefits to the injured employees of the political subdivision through ...
• Texas Labor Code Section 504.071 - Rules; Forms
  A political subdivision may: (1) adopt and publish rules and prescribe and furnish forms necessary to effectively administer this chapter; and (2) adopt and enforce ...
• Texas Labor Code Section 504.072 - Appropriations For Disbursements; Account; Report
  (a) A political subdivision may set aside from available appropriations, other than itemized salary appropriations, an amount sufficient to pay all costs, administrative expenses, benefits, ...
• Texas Labor Code Section 504.073 - Representation In Legal Proceedings
  (a) Except as provided by Subsection (b), in a proceeding in connection with workers' compensation benefits provided by a political subdivision as a self-insurer, the ...
• Texas Labor Code Section 505.001 - Definitions
  (a) In this chapter: (1) Repealed by Acts 2005, 79th Leg., ch. 265, § 7.01(32). (2) "Department" means the Texas Department of Transportation. (3) "Employee" ...
• Texas Labor Code Section 505.002 - Application Of General Workers' Compensation Laws; Limit On Actions And Damages
  (a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent ...
• Texas Labor Code Section 505.011 - Workers' Compensation Coverage For Department Employees
  The department shall pay benefits as provided by this chapter to an employee with a compensable injury. Acts 1993, 73rd Leg., ch. 269, § 1, ...
• Texas Labor Code Section 505.012 - Authority To Self-Insure
  The department may self-insure. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. ...
• Texas Labor Code Section 505.013 - Individuals Employed By Subcontractors
  (a) Except as provided by Subsection (b), an individual employed by a subcontractor performing work under contract with the department is not considered an employee ...
• Texas Labor Code Section 505.051 - Administration; Rules; Forms
  (a) The department shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The department may: (1) ...
• Texas Labor Code Section 505.052 - Percentage Of Payroll Set Aside For Workers' Compensation Expenses; Account; Reports
  (a) The department may set aside from its available appropriations, other than itemized appropriations, an amount not exceeding three and one-half percent of the department's ...
• Texas Labor Code Section 505.053 - Certified Copies Of Division Documents
  (a) The division of workers' compensation shall furnish a certified copy of an order, award, decision, or paper on file with the division to a ...
• Texas Labor Code Section 505.054 - Preemployment Physical Required; Examining Physicians
  (a) An individual may not be certified as an employee of the department under this chapter until the individual: (1) submits to a physical examination ...
• Texas Labor Code Section 505.055 - Reports Of Injuries
  (a) A report of an injury filed with the division of workers' compensation under Section 409.005, in addition to the information required by commissioner of ...
• Texas Labor Code Section 505.056 - Required Examination Of Injured Employee; Refusal To Submit To Examination
  (a) The division of workers' compensation may require an employee who claims to have been injured to submit to an examination by the division or ...
• Texas Labor Code Section 505.057 - Refusal To Submit To Medical Treatment
  (a) The commissioner of workers' compensation may order or direct the department to reduce or suspend the compensation of an injured employee if the employee: ...
• Texas Labor Code Section 505.058 - Postponement Of Hearing
  If an injured employee is receiving benefits under this chapter and the department is providing hospitalization or medical treatment to the employee, the division of ...
• Texas Labor Code Section 505.059 - Notice Of Appeal; Notice Of Trial Court Judgment; Offense
  (a) In each case appealed from the division of workers' compensation to a county or district court: (1) the clerk of the court shall mail ...
• Texas Labor Code Section 505.060 - Effect Of Sick Leave; Annual Leave
  (a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is ...
• Texas Labor Code Section 506.001 - Late Payment Of Judgment By The State
  (a) In a workers' compensation case in which a claimant is awarded a judgment against the state or a political subdivision of the state under ...
• Texas Labor Code Section 506.002 - Reimbursement From Non-Treasury Funds
  (a) An agency or other instrumentality of state government that, with funds that are held outside the state treasury, reimburses the general revenue fund for ...
• Texas Labor Code Section 406A.001 - Definitions
  Text of section effective April 1, 2007 In this chapter: (1) "Business entity" means a business enterprise owned by a single person or a ...
• Texas Labor Code Section 406A.002 - Certification Program
  Text of section effective April 1, 2007 (a) The department shall: (1) maintain a certification program for groups organized under this chapter; and (2) ...
• Texas Labor Code Section 406A.003 - Formation Of Group
  Text of section effective April 1, 2007 (a) On receipt of a certificate of approval issued by the department under this chapter, two or ...
• Texas Labor Code Section 406A.004 - Plan Of Operation
  Text of section effective April 1, 2007 (a) A group shall: (1) adopt a plan of operation; and (2) file a copy of the ...
• Texas Labor Code Section 406A.005 - Group Purchase Authorized
  Text of section effective April 1, 2007 A group certified under this chapter may purchase individual workers' compensation insurance policies covering each member of ...
• Texas Labor Code Section 406A.006 - Policy Rates
  Text of section effective April 1, 2007 Rates for policies purchased under this chapter must be computed using manual rules and rates. The department ...
• Texas Labor Code Section 406A.007 - Group Discount
  Text of section effective April 1, 2007 (a) A group that purchases a policy under this chapter is entitled to any premium or volume ...
• Texas Labor Code Section 406A.008 - Applicability Of Other Law
  Text of section effective April 1, 2007 (a) A group established under this chapter is entitled to any deviation applicable under Section 2052.004, 2053.051, ...
• Texas Labor Code Section 407A.001 - Definitions
  (a) In this chapter: (1) "Administrator" means an individual, partnership, or corporation engaged by the board of trustees of a group to implement the policies ...
• Texas Labor Code Section 407A.002 - Application Of Chapter; Establishment Of Private Group
  (a) An unincorporated association or business trust composed of five or more private employers may establish a workers' compensation self-insurance group under this chapter if ...
• Texas Labor Code Section 407A.003 - Merger Of Groups
  (a) Subject to the approval of the commissioner, a group may merge with another group engaged in the same or a similar type of business ...
• Texas Labor Code Section 407A.004 - Group Not Insurer
  A group issued a certificate of approval by the commissioner under this chapter is not: (1) an insurer based on that certificate; and (2) subject ...
• Texas Labor Code Section 407A.005 - Certificate Of Approval Required
  An association of employers may not act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by the commissioner ...
• Texas Labor Code Section 407A.006 - Service Of Process
  (a) Each group shall be deemed to have appointed the commissioner as its attorney to receive service of legal process issued against the group in ...
• Texas Labor Code Section 407A.007 - Hearings
  A hearing required under this chapter shall be conducted by the State Office of Administrative Hearings in the manner provided for a contested case under ...
• Texas Labor Code Section 407A.008 - Rules
  The commissioner shall adopt rules as necessary to implement this chapter. Added by Acts 2003, 78th Leg., ch. 275, § 1, eff. Sept. 1, 2003. ...
• Texas Labor Code Section 407A.051 - Application For Initial Certificate Of Approval; Approval Requirements
  (a) An association of employers that proposes to organize as a workers' compensation self-insurance group shall file with the department an application for a certificate ...
• Texas Labor Code Section 407A.052 - Issuance Of Certificate Of Approval; Refusal
  (a) The commissioner shall issue a certificate of approval to a proposed group on finding that the group has met the requirements of this subchapter. ...
• Texas Labor Code Section 407A.053 - Financial Requirements
  (a) To obtain a certificate of approval, each group shall comply with the financial requirements adopted under this section. (b) The combined net worth of ...
• Texas Labor Code Section 407A.054 - Excess Insurance Requirements
  (a) To obtain an initial certificate of approval and to be eligible to renew its certificate of approval, each group must comply with the excess ...
• Texas Labor Code Section 407A.055 - Premium Requirements
  Each group must have an estimated premium subject to experience modifier of at least $250,000 during the group's first year of operation. Thereafter, the annual ...
• Texas Labor Code Section 407A.056 - Indemnity Agreement Requirements
  (a) An indemnity agreement filed under Section 407A.051 must jointly and severally bind the group and each employer who is a member of the group ...
• Texas Labor Code Section 407A.057 - Additional Performance Bond Requirements
  (a) In addition to the requirements under Section 407A.051, the commissioner may require a service company providing claim services to furnish a performance bond of ...
• Texas Labor Code Section 407A.101 - Certificate Of Approval; Termination
  (a) A certificate of approval remains in effect until terminated at the request of the group or revoked by the commissioner. (b) The commissioner may ...
• Texas Labor Code Section 407A.151 - Board Membership
  (a) Each group shall be operated by a board of trustees composed of at least five persons whom the members of the group elect for ...
• Texas Labor Code Section 407A.152 - Board General Powers And Duties
  The board of trustees shall: (1) maintain minutes of its meetings and make the minutes available to the commissioner; (2) designate an administrator and delineate ...
• Texas Labor Code Section 407A.153 - Prohibited Activities
  The board of trustees may not: (1) extend credit to individual members for payment of a premium, except under payment plans approved by the commissioner; ...
• Texas Labor Code Section 407A.154 - Group Funds
  The board of trustees shall maintain responsibility for all money collected or disbursed from the group. Added by Acts 2003, 78th Leg., ch. 275, § ...
• Texas Labor Code Section 407A.201 - Admission Of Employer As Member
  (a) An employer who joins an approved workers' compensation self-insurance group shall: (1) submit an application for membership to the board of trustees or its ...
• Texas Labor Code Section 407A.251 - Financial Statement
  (a) Each group shall submit to the commissioner financial statements audited by an independent certified public accountant on or before the last day of the ...
• Texas Labor Code Section 407A.252 - Examination
  (a) The commissioner shall examine the financial condition of each group to determine the group's ability to meet the group's obligations under this subtitle. An ...
• Texas Labor Code Section 407A.301 - Maintenance Tax For Division And Research Functions Of Department
  (a) Each group shall pay a self-insurance group maintenance tax under this section for: (1) the administration of the division of workers' compensation of the ...
• Texas Labor Code Section 407A.302 - Maintenance Tax For Department
  (a) Subject to Subsection (b), each group shall pay the maintenance tax imposed under Chapter 255, Insurance Code, for the administrative costs incurred by the ...
• Texas Labor Code Section 407A.303 - Collection And Payment Of Taxes
  (a) The group shall remit the taxes for deposit in the Texas Department of Insurance operating account to the credit of the division. (b) A ...
• Texas Labor Code Section 407A.304 - Premium Tax
  (a) Each group shall pay to the comptroller a premium tax on gross premiums for the group's retention. The premium tax assessed under this subsection ...
• Texas Labor Code Section 407A.351 - Rates
  (a) Except as provided by Subsection (b), each group shall use the uniform classification system, experience rating plan, and rate relativities of the department. (b) ...
• Texas Labor Code Section 407A.352 - Audits
  Each member of a group shall be audited annually by the administrator or by an auditor acceptable to the commissioner to verify proper classifications, experience ...
• Texas Labor Code Section 407A.353 - Refunds
  (a) The board of trustees may declare refundable any money for a fund year in excess of the amount necessary to fund all obligations. (b) ...
• Texas Labor Code Section 407A.354 - Premium Payment Plan; Reserves
  (a) Until the assets of a group reach a level sufficient to cover the group's liabilities, each group shall establish to the satisfaction of the ...
• Texas Labor Code Section 407A.355 - Deficits; Insolvencies
  (a) For purposes of this section, "insolvent" means: (1) the inability of a group to pay the group's outstanding lawful obligations as they mature in ...
• Texas Labor Code Section 407A.401 - Prohibited Solicitation
  In connection with the solicitation of membership in a group, a person may not make an untrue statement of a material fact, or omit to ...
• Texas Labor Code Section 407A.402 - Fines
  After notice and an opportunity for a hearing, the commissioner may impose a fine on any person or group found to be in violation of ...
• Texas Labor Code Section 407A.403 - Cease And Desist Orders
  (a) After notice and an opportunity for a hearing, the commissioner may issue an order requiring a person or group to cease and desist from ...
• Texas Labor Code Section 407A.404 - Revocation Of Certificate Of Approval
  (a) After notice and an opportunity for a hearing, the commissioner may revoke a group's certificate of approval if the group: (1) is found to ...
• Texas Labor Code Section 407A.451 - Definitions
  In this subchapter: (1) "Board" means the board of directors of the guaranty fund. (2) "Guaranty fund" means the Texas self-insurance group guaranty fund. (3) ...
• Texas Labor Code Section 407A.452 - Guaranty Fund
  (a) The Texas self-insurance group guaranty fund is a nonprofit association established to provide for the payment of workers' compensation insurance benefits for injured employees ...
• Texas Labor Code Section 407A.453 - Board Of Directors
  (a) The guaranty fund is managed by a board of directors. (b) The board is composed of the following voting members: (1) three members elected ...
• Texas Labor Code Section 407A.454 - Immunity
  A board member or a member of the staff of the board is not liable in a civil action for an act performed in good ...
• Texas Labor Code Section 407A.455 - Board General Powers And Duties
  (a) The board shall: (1) create and maintain a trust fund for payment of the workers' compensation liabilities of an insolvent group; (2) hire staff ...
• Texas Labor Code Section 407A.456 - Plan Of Operation
  (a) The board shall adopt a plan of operation governing the board's activities and the operation of the guaranty fund and the trust fund. (b) ...
• Texas Labor Code Section 407A.457 - Trust Fund; Schedule
  (a) Each group shall contribute an amount, based on the total amount of income benefit payments made in this state for the preceding reported calendar ...
• Texas Labor Code Section 407A.458 - Effect Of Insolvency Of Group
  (a) On determining that a group has become insolvent, the commissioner shall secure release of the surety bond or security deposit required under Section 407A.053 ...
• Texas Labor Code Section 407A.459 - Collection Of Assessments From Group Members; Continuation Of Joint And Several Liability
  (a) Each member of an insolvent group shall pay the amount of its assessment under this chapter to the commissioner not later than the 30th ...
• Texas Labor Code Section 407A.460 - Payment Of Benefits Through Guaranty Fund
  (a) If the commissioner determines that the payment of benefits and claims administration shall be made through the guaranty fund, the guaranty fund assumes the ...
• Texas Labor Code Section 407A.461 - Possession Of Security By Guaranty Fund
  On the assumption of obligations on behalf of an insolvent group by the guaranty fund under the commissioner's determination, the guaranty fund is entitled to ...
• Texas Labor Code Section 407A.462 - Release Of Claim Information To Guaranty Fund
  If the guaranty fund has assumed compensation obligations on behalf of an insolvent group, information on a workers' compensation claim may be released to the ...
• Texas Labor Code Section 407A.463 - Guaranty Fund As Party In Interest
  (a) The guaranty fund is a party in interest in a proceeding involving a workers' compensation claim against an insolvent group whose compensation obligations have ...
• Texas Labor Code Section 407A.464 - Preferences
  (a) Benefit payments made by the guaranty fund under this subchapter are entitled to the same preference over other debts of the insolvent group as ...

Last modified: August 11, 2007