HBA-DMD H.B. 3494 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3494
By: Dunnam
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the process for appealing a ruling in a workers' compensation
case requires an individual to file a suit in court within 40 days of the
denial of an administrative appeal. In order to sue it is necessary to
serve the suit papers on the insurance carrier's registered agent for
service. However, in this limited amount of time, it can be difficult to
find and serve the registered agent for service. 

H.B. 3494 requires an insurance carrier, at a contested case hearing, to
file with the hearing officer and the claimant a document stating the
corporate name of the insurance carrier and the name and address of the
insurance carrier's registered agent for service of process. 

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 410.164, Labor Code, by adding Subsection (c),
as follows: 

(c) Requires the insurance carrier, at each contested case hearing as
applicable, to file with the hearing officer and deliver to the claimant a
document stating the corporate name of the insurance carrier and the name
and address of the insurance carrier's registered agent for service of
process. Sets forth that the document is part of the record of the
contested case hearing.  

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.