Texas Labor Code Title 5, Chapter 402 - Operation And Administration Of Workers' Compensation System
SUBCHAPTER A GENERAL ADMINISTRATION OF SYSTEM; WORKERS' COMPENSATION DIVISION
- Texas 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 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 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 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 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 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 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 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 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 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 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 (H.B. 7), Sec. 1.004,...
- Texas 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 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 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 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 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 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 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 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)...
SUBCHAPTER B SYSTEM GOALS; GENERAL ADMINISTRATION OF SYSTEM
- Texas 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 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 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 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 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 Section 402.0231 - Documentation And Analysis Of Complaints
(a) The division shall develop procedures to formally document and analyze complaints received by the division. (b) The division shall compile detailed statistics on all...
- Texas 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...
SUBCHAPTER C PERSONNEL
- Texas 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 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 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. Acts 1993, 73rd...
- Texas 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...
SUBCHAPTER D GENERAL POWERS AND DUTIES OF DIVISION AND COMMISSIONER
- Texas 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 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, Sec. 1, eff. Sept....
- Texas 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 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 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 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 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 Section 402.067 - Advisory Committees
The commissioner may appoint advisory committees as the commissioner considers necessary. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by:...
- Texas 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 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 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 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 shall adopt a memorandum of understanding governing administrative procedure...
- Texas 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 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 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 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,...
SUBCHAPTER E RECORDS AND EMPLOYEE INFORMATION
- Texas 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 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 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 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 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 Section 402.085 - Exceptions To Confidentiality
Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) Expired. (1) Expired. (2) Expired. (3) Expired. (4) Expired. (5) Expired. (a) The division shall release information on a...
- Texas 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 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 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 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 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 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 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...
SUBCHAPTER F COOPERATION WITH OFFICE OF INJURED EMPLOYEE COUNSEL
- Texas 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 authorized under this subtitle...
- Texas 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...
Last modified: September 28, 2016