HBA-ATS H.B. 2509 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2509 By: Dukes Business & Industry 3/10/1999 Introduced BACKGROUND AND PURPOSE Under current law, state employees are permitted to take annual leave while receiving workers' compensation benefits (benefits). Employees who are injured on the job may receive combined annual leave pay and benefits up to 175 percent of that person's regular salary, with 100 percent coming from regular salary and the remaining 70-75 percent from benefits. The State Office of Risk Management (office) provides the state with self-insurance for workers' compensation purposes. Currently, there is a discrepancy between Chapter 2251 (Payment for Goods and Services), Government Code, which requires all state agencies to pay for services within 30 days of receiving an invoice, and Section 408.027 (Payment of Health Care Provider), Labor Code, which requires payment to a health care provider for the medical care of an injured worker not later than 45 days after a receipt of a charge. Also, under current law, the office is required to provide the legislature every other year with a list of all state employees who have received benefits. H.B. 2509 authorizes an employee to elect to use accrued annual leave time after exhausting accrued sick leave but does not entitle an employee so electing to benefits until sick or annual leave time has been exhausted. The bill also exempts medical and income benefit payments from the requirement that a state agency pay for services within 30 days after receiving the invoice. Additionally, the bill requires the director of the office to maintain and make available upon request to the legislature, all the names of state employees who have received benefits. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 501.044, Labor Code, as follows: Sec. 501.044. New Title: EFFECT OF SICK LEAVE; ANNUAL LEAVE. Authorizes an employee to elect to use all or any number of weeks of the employee's accrued annual leave time after exhausting the accrued sick leave time. Provides that an employee is not entitled to income benefits under Chapter 501 (Workers' Compensation Insurance Coverage For State Employees, Including Employees Under The Direction Or Control Of The Board Of Regents Of Texas Tech University), if the employee elects to use annual leave, until the elected number of weeks of leave have been exhausted. SECTION 2. Amends Subtitle A, Chapter 501, Subchapter C, Labor Code, by adding Section 501.048, as follows: Sec. 501.048. PAYMENT OF MEDICAL AND INDEMNITY BENEFITS. Subjects medical and income benefit payments (payments) made by the State Office of Risk Management (office) to this subtitle (Workers' Compensation Insurance Coverage For Certain Government Employees) and exempts payments from the provisions of the Government Code, Chapter 2251 (Payment For Goods and Services). SECTION 3. Amends Section 412.042, Labor Code, by creating Subsection (d) from existing Subsection (b)(1), which requires the director of the office to maintain and make available to the legislature upon request, a list of all persons who have received benefits under Chapter 501, the nature and cause of each injury, and the amounts paid weekly in income benefits and for medical, hospital, and other services. Redesignates existing Subdivisions (b)(2) and (b)(3) to Subdivisions (b)(1) and (b)(2), respectively. Proposes to delete the following language: "As amended by House Bill 2133, 75th Legislature, effective date September 1, 1997." (This language does not currently exist in Subsection (c), Section 412.042, Labor Code.) SECTION 4.Effective date: September 1, 1999. SECTION 5. Emergency clause.