Bill Text: TX SB1895 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the assessment of administrative penalties under the Texas Workers' Compensation Act.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-05-26 - Effective on 9/1/17 [SB1895 Detail]
Download: Texas-2017-SB1895-Enrolled.html
S.B. No. 1895 |
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relating to the assessment of administrative penalties under the | ||
Texas Workers' Compensation Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 415.021, Labor Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) In assessing an administrative penalty: | ||
(1) the commissioner shall consider: | ||
(A) the seriousness of the violation, including | ||
the nature, circumstances, consequences, extent, and gravity of the | ||
prohibited act; | ||
(B) the history and extent of previous | ||
administrative violations; | ||
(C) the demonstrated good faith of the violator, | ||
including actions taken to rectify the consequences of the | ||
prohibited act; | ||
(D) the penalty necessary to deter future | ||
violations; [ |
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(E) whether the administrative violation has | ||
negative impact on the delivery of benefits to an injured employee; | ||
(F) the history of compliance with electronic | ||
data interchange requirements; and | ||
(G) other matters that justice may require; and | ||
(2) the commissioner shall, to the extent reasonable, | ||
consider the economic benefit resulting from the prohibited act. | ||
(c-1) The commissioner shall adopt rules that require the | ||
division, in the assessment of an administrative penalty against a | ||
person, to communicate to the person information about the penalty, | ||
including: | ||
(1) the relevant statute or rule violated; | ||
(2) the conduct that gave rise to the violation; and | ||
(3) the factors considered in determining the penalty. | ||
SECTION 2. Section 415.021(c), Labor Code, as amended by | ||
this Act, applies only to an administrative violation that occurs | ||
on or after the effective date of this Act. | ||
SECTION 3. The commissioner of workers' compensation shall | ||
adopt rules under Section 415.021(c-1), Labor Code, as added by | ||
this Act, as soon as practicable after the effective date of this | ||
Act. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1895 passed the Senate on | ||
April 26, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1895 passed the House on | ||
May 17, 2017, by the following vote: Yeas 143, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |