By: Zaffirini  S.B. No. 1496          (In the Senate - Filed March 8, 2017; March 20, 2017, read   first time and referred to Committee on Business & Commerce;   April 12, 2017, reported favorably by the following vote:  Yeas 9,   Nays 0; April 12, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to certain workers' compensation reporting requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 402.066(a), Labor Code, is amended to   read as follows:          (a)  The commissioner shall consider and recommend to the   legislature changes to this subtitle[, including any statutory   changes required by an evaluation conducted under Section 402.074].          SECTION 2.  Section 406.007(a), Labor Code, is amended to   read as follows:          (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 later than   the 10th day after the date on which the employer notified the   insurance carrier to terminate the coverage. The notice must   include a statement certifying the date that notice was provided or   will be provided to affected employees under Section 406.005.          SECTION 3.  Section 406.008(a), Labor Code, is amended to   read as follows:          (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 policy shall deliver notice of the   cancellation or nonrenewal to the division, and by certified mail   or in person to the employer, [and the division] not later than:                (1)  the 30th day before the date on which the   cancellation or nonrenewal takes effect; or                (2)  the 10th day before the date on which the   cancellation or nonrenewal takes effect if the insurance company   cancels or does not renew because of:                      (A)  fraud in obtaining coverage;                      (B)  misrepresentation of the amount of payroll   for purposes of premium calculation;                      (C)  failure to pay a premium when due;                      (D)  an increase in the hazard for which the   employer seeks coverage that results from an act or omission of the   employer and that would produce an increase in the rate, including   an increase because of a failure to comply with:                            (i)  reasonable recommendations for loss   control; or                            (ii)  recommendations designed to reduce a   hazard under the employer's control within a reasonable period; or                      (E)  a determination made by the commissioner of   insurance that the continuation of the policy would place the   insurer in violation of the law or would be hazardous to the   interest of subscribers, creditors, or the general public.          SECTION 4.  Section 406.144(d), Labor Code, is amended to   read as follows:          (d)  The hiring contractor shall send a copy of an agreement   under this section to:                (1)  the hiring contractor's workers' compensation   insurance carrier; and                (2)  the division, on the division's request [on filing   of the agreement with the division].          SECTION 5.  Section 406.145(c), Labor Code, is amended to   read as follows:          (c)  The hiring contractor shall send a copy of a joint   agreement signed under this section to:                (1)  the hiring contractor's workers' compensation   insurance carrier; and                (2)  the division, on the division's request [on filing   of the joint agreement with the division].          SECTION 6.  Section 408.150, Labor Code, is amended to read   as follows:          Sec. 408.150.  VOCATIONAL REHABILITATION. (a)  The   division shall refer an employee to the Texas Workforce Commission   [Department of Assistive and Rehabilitative Services] with a   recommendation for appropriate services if the division determines   that an employee could be materially assisted by vocational   rehabilitation or training in returning to employment or returning   to employment more nearly approximating the employee's preinjury   employment. [The division shall also notify insurance carriers of   the need for vocational rehabilitation or training services.] The   insurance carrier may provide vocational rehabilitation or   training services through a private provider of vocational   rehabilitation services [under Section 409.012].          (b)  An employee who refuses services or refuses to cooperate   with services provided under this section by the Texas Workforce   Commission [Department of Assistive and Rehabilitative Services]   or a private provider loses entitlement to supplemental income   benefits.          SECTION 7.  Section 409.010, Labor Code, is amended to read   as follows:          Sec. 409.010.  INFORMATION PROVIDED TO EMPLOYEE OR LEGAL   BENEFICIARY. Immediately on receiving notice of an injury or death   from any person, the division shall send [mail] to the employee or   legal beneficiary a clear and concise description of:                (1)  the services provided by:                      (A)  the division; and                      (B)  the office of injured employee counsel,   including the services of the ombudsman program;                (2)  the division's procedures; and                (3)  the person's rights and responsibilities under   this subtitle.          SECTION 8.  Section 409.011(a), Labor Code, is amended to   read as follows:          (a)  Immediately on receiving notice of an injury or death   from any person, the division shall send [mail] to the employer a   description of:                (1)  the services provided by the division and the   office of injured employee counsel;                (2)  the division's procedures; and                (3)  the employer's rights and responsibilities under   this subtitle.          SECTION 9.  Sections 409.012(b) and (c), Labor Code, are   amended to read as follows:          (b)  If the division determines that an injured employee   would be assisted by vocational rehabilitation, the division shall   notify:                (1)  the injured employee in writing of the services   and facilities available through the Texas Workforce Commission   [Department of Assistive and Rehabilitative Services] and private   providers of vocational rehabilitation; and                (2)  the Texas Workforce Commission [Department of   Assistive and Rehabilitative Services and the affected insurance   carrier] that the injured employee has been identified as one who   could be assisted by vocational rehabilitation.          (c)  The division shall cooperate with the office of injured   employee counsel, the Texas Workforce Commission [Department of   Assistive and Rehabilitative Services], and private providers of   vocational rehabilitation in the provision of services and   facilities to employees by the Texas Workforce Commission   [Department of Assistive and Rehabilitative Services].          SECTION 10.  Section 409.013(b), Labor Code, is amended to   read as follows:          (b)  On receipt of a report under Section 409.005, the   division shall:                (1)  contact the affected employee; [by mail or by   telephone] and                (2)  [shall] provide the information required under   Subsection (a) to that employee, together with any other   information that may be prepared by the office of injured employee   counsel or the division for public dissemination that relates to   the employee's situation, such as information relating to back   injuries or occupational diseases.          SECTION 11.  The following provisions of the Labor Code are   repealed:                (1)  Section 402.074;                (2)  Section 406.144(c);                (3)  Sections 406.145(b) and (d);                (4)  Section 408.032;                (5)  Section 408.086; and                (6)  Section 409.012(d).          SECTION 12.  The change in law made by this Act applies only   to a notice, agreement, description, or information required to be   sent or provided on or after the effective date of this Act.          SECTION 13.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2017.     * * * * *