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.