HBA-CCH H.B. 1205 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1205
By: Brimer
Business & Industry
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the governing body of the Texas Workers' Compensation
Commission (commission) is comprised of six board members and an executive
director who oversee the commission's daily operations.  House Bill 1205
changes the name of the commission to the Texas Department of Workers'
Compensation, abolishes the board of directors and the executive director's
position in favor of a single commissioner structure, specifies the
qualifications of the new commissioner and deputy directors, and
establishes that the commissioner position is filled by a two-year
gubernatorial appointment.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any new rulemaking authority to a state officer,
department, agency, or institution.  The bill transfers previously
delegated rulemaking authority from the Texas Workers' Compensation
Commission (commission) and the commission's executive director to the
Texas Department of Workers' Compensation (TDWC) or TDWC's commissioner.   

ANALYSIS

House Bill 1205 amends the Labor Code to rename  the Texas Workers'
Compensation Commission (commission) as the Texas Department of Workers'
Compensation (TDWC).  The bill requires TDWC to regulate the business of
workers' compensation in Texas and to ensure that the laws regarding
workers' compensation are executed (Sec. 402.001).  In place of the
commission, the bill requires the governor, with advice and consent from
the senate, to appoint a TDWC commissioner (commissioner) who serves a
twoyear term no later than December 31, 2001 (Sec. 402.004 and SECTION
5.004).  H.B. 1205 provides that the commissioner is TDWC's chief executive
and administrative officer, and  requires the commissioner to appoint
deputies, assistants, and other personnel (Secs. 402.003 and 402.041).  The
bill sets forth the qualifications and terms of the commissioner and the
commissioner's appointees, and entitles the commissioner to compensation
(Secs. 402.005, 402.006, 402.008, and 402.041).  The bill also provides
that the commissioner, before taking office, must execute a surety bond in
the amount of $50,000 (Sec. 402.007).  The bill transfers the powers and
duties of the commission, its members, and the executive director of the
commission to TDWC, the commissioner, and the commissioner's appointees,
including rulemaking authority from the commission and its executive
director to TDWC or the commissioner. 

H.B. 1205 provides that the term of a person, who is serving on the
commission on the effective date of this Act, expires on the date the
governor appoints the commissioner.  The executive director of the
commission is not eligible for appointment as commissioner (SECTION 5.002).
 
EFFECTIVE DATE

September 1, 2001.