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


Office of House Bill AnalysisC.S.H.B. 1205
By: Brimer
Business & Industry
3/19/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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).  C.S.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. 

C.S.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.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1205 modifies the original by elaborating on the powers and duties
of the commissioner of the Texas Department of Workers' Compensation
(TDWC).  Authority previously transferred to the commissioner or the
commissioner's designee is now reserved solely for the commissioner.  The
substitute also interchanges various powers and duties between the
commissioner and TDWC.  The substitute authorizes information maintained in
the investigation files of TDWC to be disclosed in a hearing conducted by
the State Office of Administrative Hearings.