Texas


(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified...


Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...


In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and (2) a reference to...


A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute. ...


The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section...




In this chapter: (1) Bona fide occupational qualification means a qualification: (A) reasonably related to the satisfactory performance of the duties of a job; and...



(a) The commission may: (1) promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other agencies, public...



(a) The commission by rule shall biennially determine: (1) the percentage of the statewide civilian workforce composed of: (A) Caucasian Americans; (B) African Americans;...



(a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise of a power provided by this chapter....



This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the state or...



If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the receipt of federal funds, the commission...



An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's duties under this chapter may not be...



(a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances is held invalid or unconstitutional,...



(a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this chapter or Chapter 461, Government Code, or the...



(a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b) The training program must provide...



An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an...



An employment agency commits an unlawful employment practice if the employment agency: (1) fails or refuses to refer for employment or discriminates in any other manner against...



A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization: (1) excludes or expels...



(a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an employer, labor organization, or...



An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who,...



An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces a person to engage in...



An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance of a duty or...



An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a person from...



(a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits...



A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement. ...



In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient to establish an unlawful employment practice. ...



Except as provided by Section 21.054, the provisions of this chapter referring to discrimination because of age or on the basis of age apply only to discrimination against an individual 40...



(a) Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or different terms, conditions,...



This chapter does not prohibit the compulsory retirement of an employee who is: (1) at least 65 years of age; (2) employed in a bona fide executive or high policy-making position...



An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. ...



A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because of or on the basis of...



(a) A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the basis of pregnancy, childbirth, or a related...



This chapter does not: (1) require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered if the fetus were carried to term;...



A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious...



(a) A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a...



A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on the basis of the national origin...



This chapter does not apply to an employer with respect to the employment of a person outside this state. ...



An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, conditions,...



This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national...



A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. ...



An employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the...



(a) A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written interpretation or opinion of the commission. (b)...



Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child. ...



Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by the United States Department of Labor. ...



If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise,...



(a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses a controlled substance as...



An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. ...



(a) An unlawful employment practice based on disparate impact is established under this chapter only if: (1) a complainant demonstrates that a respondent uses a particular...

 


A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of intentional discrimination. ...



It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the scores of, use different cutoff...



(a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age,...



It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate because of race, color, sex, national...



With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the face of the...



(a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of...



This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. ...



A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law. ...



(a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to: (1) promote the purposes of this chapter; and (2) secure for...



(a) A local commission may: (1) employ an executive director and other employees and agents and set their compensation; (2) cooperate or contract with a person, including an agency...



(a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or defers jurisdiction over the subject matter of...



(a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age that is filed...



A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. ...



(a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission. (b) The complaint must be in writing and made...



(a) A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred. (b) The commission shall dismiss an...



(a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged...



(a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is reasonable cause to believe that...



(a) If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged in an...



(a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in an unlawful...



(a) If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal methods of...



If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint was filed, the commission shall inform...



(a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to carry out the purpose of...



A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law or an order or ordinance of a...



(a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the respondent engaged in an...



(a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a written notice of the complainant's right...



(a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed a notice of the right to file a civil action if:...



Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent. ...



After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if: (1) the commission certifies that the case is of...



A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is filed. ...



The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. ...



(a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may: (1) prohibit by injunction the respondent from engaging in an unlawful...



(a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this section, award: (1) compensatory...



(a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs. (b) The state, a state agency,...



If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost of necessary...



If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of...



(a) A judicial proceeding under this chapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on a court. ...



A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep records relevant to the determination of whether...



The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program: (1) keep all...



A report or record required by the commission under this subchapter must conform to a similar record or report required under...



An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except as necessary to the conduct of a proceeding under...



(a) The commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to commission records relating to the complaint. (b) Unless the complaint...



(a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report in accordance with this subchapter, the commission...



In this subchapter: (1) DNA means deoxyribonucleic acid. (2) Family health history means a history taken by a physician or genetic professional to ascertain genetic or...



(a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to compensation or...



(a) Except as provided by Subsections (c) and (d), genetic information is confidential and privileged regardless of the source of the information. A person who holds that information may...



An individual who submits to a genetic test has the right to know the results of that test. On the written request of the individual, the entity that performed the test shall disclose the...



A sample of genetic material taken for a genetic test from an individual shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless: (1) the...



In this subchapter, state agency does not include a public junior college as defined by Section 61.003, Education Code. ...



Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce...



(a) The commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures comply with this chapter....



Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and provides its review and any...



(a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review under Section 21.453....



(a) If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller. (b) On receipt of...



Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by the agency in each...



Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or...



This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has been adopted in accordance with other law. ...



Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, females, and other persons hired...



In this subchapter, racial and ethnic group means Caucasian American, African American, or Hispanic American. ...



(a) Not later than the seventh day of each calendar year, excluding legal holidays and weekends, each state agency shall report equal employment opportunity information for the preceding...



(a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting system. (b)...



Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report under this subchapter for the following year. ...



(a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination to the comptroller. (b)...



(a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, shall provide a comprehensive...


 

In this chapter: (1) Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that results from a natural or...



(a) An employer who violates Section 22.002 is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation. (b) A person discharged...



(a) Section 22.002 does not apply to individuals employed as emergency services personnel if the employer provides adequate emergency shelter for those individuals. (b) This chapter does...

 

The purpose of this chapter is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's safety, health, or well-being. ...



In this chapter: (1) Child means an individual under 18 years of age. (2) Commission means the Texas Employment Commission. ...



(a) This chapter does not apply to employment of a child: (1) employed in a: (A) nonhazardous occupation; (B) under the direct supervision of the child's parent or an adult...



Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age. ...



The commission by rule may authorize the employment of children under 14 years of age as performers in a motion picture or a theatrical, radio, or television production. ...



(a) A person commits an offense if the person permits a child who is 14 or 15 years of age and who is employed by the person to work more than: (1) eight hours in one day; or (2)...



(a) The commission by rule shall declare an occupation to be hazardous if: (1) the occupation has been declared to be hazardous by an agency of the federal government; and (2)...



(a) For purposes of this section: (1) Exempt organization means: (A) a charitable organization, as defined by Section 84.003, Civil Practice and Remedies Code; (B)...



(a) An occupation that involves the operation of a motor vehicle by a child for a commercial purpose is not a hazardous occupation under this chapter if the child: (1) has a driver's...



(a) The commission, or a person designated by the commission, may, during working hours: (1) inspect a place where there is good reason to believe that a child is employed or has...



(a) A child who is at least 14 years of age may apply to the commission for a certificate of age that states the date of birth of the child. (b) The application must include documentary...



The commission may adopt rules necessary to promote the purpose of this chapter but may not adopt a rule permitting the employment of a child under 14 years of age unless expressly authorized...



(a) The commission may require reports, conduct investigations, and take other action it considers necessary to implement this chapter. (b) In the discharge of the duties imposed by...



(a) Except as provided by Subsection (b), an offense under this chapter is a Class B misdemeanor. (b) An offense under Section 51.014(d) or Section 51.0145 is a Class A misdemeanor. ...



It is a defense to prosecution of a person employing a child who does not meet the minimum age requirement for a type of employment that the person relied in good faith on an apparently...



(a) If the commission determines that a person who employs a child has violated this chapter or a rule adopted under this chapter, the commission may assess an administrative penalty against...



The attorney general may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this chapter relating to the employment of children. ...



In this subchapter, asset means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. ...



(a) If, under a final order, a person is determined to be delinquent in the payment of any amount, including penalties, interest, or other amounts due under this chapter, the commission may...



(a) On receipt of a notice under Section 51.042, the person receiving the notice: (1) shall advise the commission not later than the 20th day after the date on which the notice is...



(a) At any time during the 60-day period provided by Section 51.043(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy. (b) On receipt of the levy notice,...



A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, and debts involving the delinquent person that...



A person acting in accordance with the terms of a notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect to...



(a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail. (b) The person may...



An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas Civil...



(a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class C misdemeanor. (c) It is an affirmative defense to prosecution...



(a) A person commits an offense if the person: (1) is an officer or member of a crew of a foreign seagoing vessel; and (2) works on a wharf or levee of a port beyond the end of...



(a) An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor in a commercial farming operation....



(a) A person commits an offense if the person violates Section 52.021. (b) An offense under this section is a Class C misdemeanor. ...



(a) In this section, blacklist means to place on a book or list or publish the name of an employee of an individual, firm, company, or corporation who was discharged or who voluntarily left...



(a) A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to: (1) deal with a person,...



(a) An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative,...



In this chapter: (1) Commission means the Texas Employment Commission or its designee. (2) Day means a calendar day. (3) Employee means an individual who is employed by...



(a) The commission shall: (1) administer this chapter; and (2) adopt rules as necessary to implement this chapter. (b) The commission may require reports, conduct...



This chapter does not apply to the United States, this state, or a political subdivision of this state. ...



Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the fees assessed by a sheriff or constable for service of a subpoena under Section 61.002 shall be...



(a) In the case of contumacy or other refusal by a person to obey a subpoena issued by a member of the commission or an authorized representative of the commission to that person, any county...



(a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938...



(a) An employer shall designate paydays in accordance with Section 61.011. (b) If an employer fails to designate paydays, the employer's paydays are the first and 15th day of each month....



An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another regular business day on the employee's request. ...



(a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged. (b) An employer shall pay in full...



(a) Wages paid on commission and bonuses are due according to the terms of: (1) an agreement between the employee and employer; or (2) an applicable collective bargaining agreement....



(a) An employer shall pay wages to an employee: (1) in United States currency; (2) by a written instrument issued by the employer that is negotiable on demand at full face value...



An employer shall pay wages by: (1) delivering them to the employee at the employee's regular place of employment during regular employment hours; (2) delivering them to the...



An employer may not withhold or divert any part of an employee's wages unless the employer: (1) is ordered to do so by a court of competent jurisdiction; (2) is authorized to do so...



(a) An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and (2) the employer fails...



The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. ...



(a) The commission may require an employer to deposit a bond if: (1) the employer is convicted of two violations of this chapter; or (2) a final order of the commission against...



(a) If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made for the bond, the attorney general may bring a suit in the...



(a) A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified claim for wages found to be due and payable is subject to...



(a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this subchapter. (b) A wage claim must be in writing on a...



(a) The commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this chapter, shall investigate the claim and issue a preliminary...



(a) If the commission determines that an employer acted in bad faith in not paying wages as required by this chapter, the commission, in addition to ordering the payment of the wages, may...



(a) Either party may request a hearing to contest a preliminary wage determination order. (b) The request for hearing must be made in writing not later than the 21st day after the date...



If neither party requests a hearing to contest a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final order of the commission for...



(a) An employer that does not request a hearing within the period prescribed by Section 61.054 to contest a preliminary wage determination order shall pay the amount ordered to the commission...



(a) A notice regarding an administrative hearing conducted under this subchapter must be mailed by the commission not later than the 21st day after the date a request for the hearing is...



(a) A hearing conducted under this subchapter is subject to the rules and hearings procedures used by the commission in the determination of a claim for unemployment compensation benefits....



The commission may modify, affirm, or rescind a preliminary wage determination order. ...



After a hearing, the commission shall enter a written order for the payment of wages that the commission determines to be due or for the payment of any penalty the commission assesses. ...



(a) The commission shall mail to each party to the appeal notice of: (1) the decision; (2) the amount of wages subject to the order; (3) the amount of any penalty assessed; and...



(a) A party who has exhausted the party's administrative remedies under this chapter may bring a suit to appeal the order. (b) The suit must be filed not later than the 30th day after...



(a) Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall: (1) pay the amount to the commission; or (2) if...



Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the claimant wages collected under this subchapter and...



The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. ...



(a) The commission, in the name of the state and the attorney general, may: (1) bring a suit in a district court in Travis County to enforce a final order from which an appeal under...



The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that are final under the laws...



(a) A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is a lien on all the property belonging to the employer....



(a) Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter. (b) In administering and enforcing the lien, the commission has the...



A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem taxes. ...



(a) A lien under this subchapter may be recorded in the book entitled State Tax Liens kept by the county clerk as provided by Section 113.004, Tax Code. (b) The commission shall pay...



(a) A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien. (b) If the liability secured by the lien is fully...



A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. ...



(a) If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under this chapter, the commission may notify personally...



(a) On receipt of a notice under this subchapter, the person receiving the notice: (1) shall advise the commission not later than the 20th day after the date on which the notice...



(a) At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy. (b) On receipt of the levy notice,...



A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, or debts involving the delinquent person that are...



A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect...



This chapter may be cited as the Texas Minimum Wage Act. ...



In this chapter, unless the context requires a different definition: (1) Agricultural piece rate worker means a person: (A) who is employed as a hand harvest laborer in...


(a) At the end of each pay period, an employer shall give each employee a written earnings statement covering the pay period. (b) An earnings statement must be signed by the employer or...



The commission shall provide information to the public about this chapter to ensure that both employers and employees in this state are fully aware of: (1) their respective rights...



This chapter does not interfere with or in any way diminish the right of employees to bargain collectively with their employer through representatives chosen by the employees to establish...



Except as provided by Sections 62.055 and 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938...



(a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act...



In computing the wage paid to an employee, an employer may include the reasonable cost to the employer of furnishing meals, lodging, or both to the employee if: (1) meals or...



An employer may not be required to pay an employee who lives on the premises of a business and who is assigned certain working hours plus additional hours when the employee is subject to call...



(a) A person may be employed at a wage less than the applicable minimum wage under this chapter but not less than 60 percent of the minimum wage if: (1) the person's earning or...



(a) An employer who employs a person described by Section 62.055(a)(1) at a wage lower than the applicable minimum wage under Section 62.051 is liable under Subchapter E unless before...



(a) A person may be compensated for services rendered to the Texas Department of Mental Health and Mental Retardation or a department facility at a percentage of the base wage adopted under...



In this subchapter, commissioner means the commissioner of agriculture. ...



(a) A person employed as an agricultural piece rate worker to harvest a commodity for which a piece rate has been established by the commissioner under this subchapter is entitled to receive...



(a) The commissioner shall determine a piece rate for each agricultural commodity that is commercially produced in substantial quantity in this state. (b) For each agricultural commodity,...



(a) The commissioner shall collect sufficient information about the actual productivity of hand harvesters of agricultural commodities in this state to reasonably determine a piece rate for...



(a) From the information collected under Section 62.104, the average hourly productivity of hand harvest laborers for each agricultural commodity commercially produced in substantial quantity...



(a) Before issuing an order establishing a piece rate, the commissioner or a person designated by the commissioner shall hold a public hearing at which the proposed rate and the information...



(a) An order of the commissioner establishing or modifying a piece rate may not take effect before the 31st day after the date the order is issued. (b) Each order establishing a piece...



The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings. ...



(a) Unless set aside by a judgment of a court of competent jurisdiction, the commissioner's decision establishing a piece rate is final and binding on all parties subject to this chapter....



A new piece rate may be established for a commodity in the manner provided for the establishment of an initial piece rate at any time the information available to the commissioner indicates...



The commissioner shall review each piece rate at least annually and shall determine if a new piece rate is needed. ...



(a) A piece rate may not be established for harvesting of a commodity if, in the commissioner's judgment: (1) sufficient information is not available for determining the average...



This subchapter applies to: (1) a person directly employed by an owner, operator, or manager of a farm; and (2) a person whose services to perform agricultural labor are furnished...



The commissioner by order may suspend a piece rate in a specified area for not more than 30 days in an emergency caused by: (1) a flood, hurricane, or other natural disaster; or (2)...



This chapter does not apply to a person covered by the Fair Labor Standards Act of 1938...



An employer is exempt from this chapter with respect to the employment of a person who is: (1) a member of a religious order while the person is performing a service for or at...



An employer is exempt from this chapter with respect to the employment of a person: (1) employed in a bona fide executive, administrative, or professional capacity; (2) employed as...



An employer is exempt from this chapter with respect to the employment of a person who: (1) performs domestic services in or about a private home, including a person who performs...



An employer is exempt from this chapter with respect to the employment of a person who: (1) is less than 18 years of age and is not a high school graduate or a graduate of a...



An employer is exempt from this chapter with respect to the employment of a person who performs services while imprisoned in the institutional division of the Texas Department of Criminal...



An employer is exempt from this chapter with respect to employment of the employer's brother, sister, brother-in-law, sister-in-law, child, spouse, parent, son-in-law, daughter-in-law, ward,...



An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that: (1) does not operate for more than seven months in a calendar year; or...



(a) An employer that is not liable for payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, is exempt from this chapter, except with respect to employment of...



(a) An employer is exempt from this chapter with respect to employment of a person in dairy farming. (b) Sections 62.051-62.054 and Subchapter C do not apply to an agricultural employer...



A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering...



An employer who violates Section 62.051, 62.052, 62.053, 62.054, 62.055, or 62.056 or Subchapter C is liable to an affected employee in the amount of the unpaid wages plus an additional...



An action to recover a liability imposed by this subchapter must be brought not later than the second anniversary of the date on which the unpaid wages are due and payable. ...



(a) An action to recover a liability under this subchapter may be brought by an employee for that employee and other similarly affected employees. (b) An employee may not be a plaintiff to...



At the trial of an action brought under this subchapter, the plaintiff recovers if the jury or the court finds from a preponderance of the evidence that: (1) the plaintiff is or has...



In addition to a judgment awarded to the plaintiff, the court shall allow reasonable attorney's fees and costs of the action to be paid by the defendant. ...



An employee's assignment of the employee's wages or a salary is not effective against the employee's employer in any suit for wages or salaries that are unearned at the time the assignment...



This chapter does not affect Section 22.002, Education Code. ...



In this chapter: (1) Employer's evidence of indebtedness means an instrument, other than money, used by a person to pay an employee or laborer of the person for labor or...



(a) A person who uses an employer's evidence of indebtedness shall, on the demand for redemption and presentation of the employer's evidence of indebtedness by the holder on a regular...



(a) A holder who under Section 64.002 presents an employer's evidence of indebtedness and demands redemption is entitled, if the person using the employer's evidence of indebtedness...



In this chapter: (1) Clearinghouse means the Work and Family Policies Clearinghouse. (2) Commission means the Texas Employment Commission. (3) Committee means the Work...



(a) The Work and Family Policies Advisory Committee shall advise the commission on: (1) dependent care and other employment-related family initiatives for public and private employers...



The Work and Family Policies Clearinghouse is within the commission. ...



(a) The clearinghouse shall provide technical assistance and information on dependent care and other employment-related family issues to public and private employers, state agencies,...



(a) The clearinghouse may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects. (b) The clearinghouse shall adopt...



Materials on employment-related family issues that are published by state agencies may be deposited with the clearinghouse for distribution to employers, job applicants, and other...



(a) The work and family policies fund is in the state treasury. Money in the fund is derived from fees deposited as required by Sections 191.0045 and 191.022(f), Health and Safety Code,...



The commission by rule may adopt procedures to implement functions under Sections 81.004, 81.005, and 81.006(b). In adopting rules under this section, the commission shall consider...



(a) The clearinghouse may accept a gift or grant from a public or private entity to fund any activity under this chapter. (b) The commission may accept a donation of money, services,...



The clearinghouse may assign an employee to serve as a work-family facilitator who shall be responsible for assisting state agencies in developing work policies that assist agency employees...



In this chapter: (1) Employee benefit plan includes: (A) a retirement benefits plan; (B) a death benefits plan; and (C) a savings plan. (2) Employer includes...



(a) A payment or refund made by an employer or trustee under a written employee benefit plan to a person described by Subsection (b) fully discharges the employer or trustee from all...



(a) The notice described by Section 82.002 must be received at: (1) the employer's principal place of business in this state, if given to an employer; or (2) the trustee's...



A corporation, the stock of which is a part of a payment or refund that is made as provided by Section 82.002, may accept the stock for transfer as directed by the employer or trustee and...



This chapter does not affect a claim or right to a payment or refund between persons other than: (1) an employer or trustee that makes the payment or refund; or (2) a corporation...



In this chapter: (1) Applicant means a business entity applying for a license or the renewal of a license under this chapter. (2) Assigned employee means an employee under a...



(a) The commissioner shall adopt rules as necessary to administer this chapter. (b) Each person who offers staff leasing services is subject to this chapter and the rules adopted by...



(a) Each state agency that in performing duties under other law affects the regulation of staff leasing services shall cooperate with the department, the commissioner, and other state agencies...



(a) This chapter does not exempt a client of a license holder, or any assigned employee, from any other license requirements imposed under local, state, or federal law. (b) An employee who...



With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company's status or certification as a...



(a) A certificate of insurance coverage showing that a license holder maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage for...



This chapter does not relieve a client company of a right, obligation, or duty under: (1) Chapter 101; (2) the federal National Labor Relations Act...



A person may not engage in or offer staff leasing services in this state unless the person holds a license issued under this chapter. ...



To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of age and have educational, managerial, or business...



(a) On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each controlling person of...


(a) An applicant for an original or renewal license must demonstrate a net worth as follows: (1) $ 50,000 if the applicant employs fewer than 250 assigned employees; (2) $ 75,000...



(a) To receive a staff leasing services company original license, a person shall file with the department a written application accompanied by the application fee. (b) The department...



(a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify an applicant of any deficiency in...



(a) Each applicant for an original or renewal staff leasing services company license shall pay to the department before the issuance of the license or license renewal a fee set by the...



(a) A license holder may not conduct business under any name other than that specified in the license. A license issued under this chapter is not assignable. A license holder may not...



(a) The commissioner by rule shall provide for the issuance of a limited license to a person who seeks to offer limited staff leasing services in this state. (b) For purposes of this...



(a) The department may take disciplinary action against a license holder on any of the following grounds: (1) being convicted or having a controlling person of the license holder who...



(a) On a finding that a ground for disciplinary action exists under one or more provisions of Section 91.020(a), the department shall impose administrative sanctions as provided by Section...



(a) A license holder shall establish the terms of a staff leasing services agreement by a written contract between the license holder and the client company. (b) The license holder shall...



(a) A contract between a license holder and a client company must provide that the license holder: (1) shares, as provided by Subsection (b), with the client company the right of...



(a) A license holder may sponsor and maintain employee benefit plans for the benefit of assigned employees. A client company may include assigned employees in any benefit plan sponsored by...



(a) A license holder may elect to obtain workers' compensation insurance coverage for the license holder's assigned employees through an insurance company as defined under Section 401.011(28)...



(a) A license holder may not sponsor a plan of self-insurance for health benefits except as permitted by the Employee Retirement Income Security Act of 1974...



(a) A license holder is the employer of an assigned employee for purposes of Subtitle A, Title 4, and Chapter 61. In addition to any other reports required to be filed by law, a license...



(a) Each license holder shall post in a conspicuous place in the license holder's principal place of business in this state the license issued under this chapter. (b) Each license...



Each license holder is responsible for the license holder's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for: (1) insurance premiums;...



Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. ...



Each license holder shall: (1) maintain adequate books and records regarding the license holder's duties and responsibilities; (2) maintain and make available at all times to...



Each license holder shall maintain a registered agent for the service of process in this state. ...



A person may not: (1) engage in or offer staff leasing services without holding a license under this chapter as a staff leasing services company; (2) use the name or title...



(a) The commissioner may notify the attorney general of a violation of this chapter. The attorney general may apply to a district court in Travis County for permission to file for quo...



(a) A person who violates Section 91.061 commits an offense. (b) An offense under this section is a Class A misdemeanor. ...



(a) The legislature finds that this chapter is necessary to: (1) provide for the health, safety, and welfare of workers throughout this state; and (2) establish uniform standards...



In this chapter: (1) Commission means the Texas Commission of Licensing and Regulation. (2) Commissioner means the commissioner of licensing and regulation. (3)...



The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code. ...



A person may not operate as a temporary common worker employer in this state unless the person holds a license issued under this chapter for each location at which the person operates. ...



This chapter does not apply to: (1) a temporary skilled labor agency; (2) a staff leasing services company; (3) an employment counselor; (4) a talent agency; (5) a...



(a) Except as provided by Subsection (b), a license issued under this chapter supersedes a license required or issued by a municipality or other governmental subdivision of this state, and...



(a) The department shall issue a temporary common worker employer license to a person who meets the application requirements established by the commissioner and pays the application...



(a) A license issued under this chapter is valid for one year from the date of issuance and may be renewed on payment of the required renewal fee. (b) If a license holder does not renew...



(a) Each license holder is the employer of the common workers provided by that license holder. (b) A license holder may hire, reassign, control, direct, and discharge the employees of...



(a) Each license holder shall maintain and make available to a representative of the department records that show for each common worker provided by the license holder to a user of common...



(a) Each license holder shall post the license for a place of business at which the license holder operates as a temporary common worker employer in a conspicuous place on the licensed...



A license holder that operates a labor hall as part of a licensed premises shall provide adequate facilities for a worker waiting for a job assignment. The facilities must include:...



(a) A license holder may not charge a common worker for: (1) safety equipment, clothing, or accessories required by the nature of the work, either by law, custom, or the requirements...



(a) A person commits an offense if the person knowingly or intentionally violates: (1) this chapter; (2) a rule adopted under this chapter; or (3) an administrative order adopted...



A temporary employment service may not deny an application for, or placement in, a position of employment to an individual for the sole reason that the individual has not earned a high...



This chapter does not create a private cause of action for any person or class of persons. ...


All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment. ...


(a) A person by peaceful and lawful means may induce or attempt to induce another to: (1) enter or refuse to enter a particular employment; or (2) quit a particular employment in...


A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or...


A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers...


In this subchapter, labor union means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized...


A person may not be denied employment based on membership or nonmembership in a labor union. ...


A contract is void if it requires that, to work for an employer, employees or applicants for employment: (1) must be or may not be members of a labor union; or (2) must remain or may...


In this subchapter: (1) Enforcement officer means the attorney general, district attorney, or county attorney. (2) Labor organizer means a person who for a financial...


(a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial...


(a) This subchapter shall be liberally construed to: (1) achieve the purposes provided by Section 101.102; and (2) protect the rights of working persons to work and to organize for...


(a) An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present and participating, except as provided...


An election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108. ...


Except as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105. The notice must be given in the manner most convenient...


The results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the presence of the members or delegates...


Sections 101.104-101.107 do not apply to a union that: (1) under its constitution, bylaws, or other organization rules, held its elections for officers and representatives every...


(a) A person may not serve as a labor union officer or as a labor organizer if the person: (1) is an alien; or (2) has been convicted of a felony. (b) Subsection (a) does not...


(a) A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization. (b) An application for an...


(a) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as...


(a) A labor union or an officer, agent, or member of a labor union may not charge or receive initiation fees, dues, fines, or other assessments to create a fund that exceeds the...


(a) On payment in full by an applicant for labor union membership of all initiation fees or dues regularly assessed by the union, the union shall: (1) elect the applicant to membership; or...


A labor organizer or an officer, agent, or member of a labor union may not collect a fee, dues, or other sum in connection with membership in a labor union from a person without giving the...


Sections 101.111, 101.113, and 101.114 may not be construed as preventing any type of bargaining agreement or limiting the bargaining power of a labor union. ...


A union member who, because of service with the United States armed forces, has been unable to pay any dues or assessment levied by a union to which the member belonged may not be required to...


A labor union may not refuse to give a person desiring membership in the union a reasonable time after obtaining the promise of employment in which to decide whether to join the union as...


(a) A labor union may not expel a union member without: (1) good cause; and (2) a fair and public hearing by and within the organization, after due notice and an opportunity to...


(a) Each labor union in this state shall keep accurate books of accounts that: (1) itemize each receipt from any source; (2) itemize each expenditure for any purpose; and (3)...


A labor union required to file reports with the United States Secretary of Labor under Section 201, Labor-Management Reporting and Disclosure Act of 1959...



A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $ 1,000 for each violation. The civil penalty may be recovered in the name of the...


(a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other...


(a) A labor union officer or a labor organizer commits an offense if the person violates a provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by:...


The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall: (1) prosecute all criminal proceedings under this subchapter; and...


In this subchapter, picketing includes the stationing of a person for an organization to: (1) induce anyone not to enter the premises being picketed; (2) observe the premises...


(a) A person may not engage in any form of picketing activity in which a picket constitutes any character of obstacle to the free ingress to and egress from an entrance to any premises, either...


A person may not, by use of insulting, threatening, or obscene language, interfere with or intimidate or seek to interfere with or intimidate another: (1) in the exercise of the...


A person may not engage in picketing the purpose of which, directly or indirectly, is to secure the disregard or breach of a valid existing labor agreement arrived at between an employer and...


A person may not declare or publicize the continued existence of actual or constructive picketing at a point or directed against a premises after a court of competent jurisdiction has enjoined...


(a) A person commits an offense if the person violates Section 101.152, 101.153, 101.154, or 101.155. Each separate act of violation constitutes a separate offense. (b) An offense under...


(a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute does not exist. (b) In this section:...


(a) A person commits an offense if the person violates any provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not more than...


(a) A person who violates any provision of this subchapter is liable to a person damaged by the violation for the damages resulting from the violation. (b) A person damaged by a violation...


The state, acting through the attorney general or a district attorney or county attorney, may institute a suit in district court to enjoin a person from violating this subchapter. ...


Venue for a suit or cause of action arising under this subchapter is in: (1) the county in which the violation is alleged to have occurred; (2) the county in which the defendant...


In this subchapter: (1) Labor organization means any organization in which employees participate and that exists in whole or in part to deal with one or more employers...


A labor organization whose members picket or strike against a person is liable for damages for a loss resulting to the person because of the picketing or strike if a court of...


(a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization. (b) In the exercise of the right to...


(a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter. (b) The district courts shall grant injunctive...


Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of...


In this chapter, board means an arbitration board appointed under this chapter. ...


(a) An employer and employees may submit a dispute or grievance resulting from the employer's and employees' work relationship to a board for a hearing and determination. (b) An...


A board established under this chapter must be composed of five members. ...


The employer may designate two arbitrators to serve on the board. ...


(a) In a dispute or grievance in which the affected employees are members in good standing of a labor organization: (1) if the organization is represented by a delegate in a central body,...


(a) The four arbitrators selected under Sections 102.012 and 102.013 shall designate a fifth arbitrator who serves as the chairman of the board. (b) If an agreement as to a fifth...


The board shall select one member to act as secretary for the board. ...


(a) An arbitrator selected under this chapter must: (1) sign a form consenting to serve as an arbitrator; and (2) take and sign an oath administered by an officer authorized to...


(a) A board may adopt and enforce rules to be followed at board hearings. (b) The board may set a schedule of sessions and adjournments. (c) The board shall hear and examine...


(a) The chairman of the board may: (1) administer oaths; and (2) issue subpoenas for the production of books and papers and the attendance of witnesses. (b) The chairman of...


(a) The board's secretary shall sign each subpoena issued under this chapter. (b) The board may authorize a person of full age to serve a subpoena issued under this chapter. ...


During the period that the arbitration is pending, an employer or receiver or an agent of the employer may not discharge an employee who is a party to the arbitration except for: (1)...


(a) During the period that arbitration is pending, a labor organization that represents employees who are parties to the arbitration may not order or aid employees in a strike or boycott...


(a) The question to be decided by the board must be submitted to the board in writing, signed by: (1) the employer or receiver; and (2) the labor organization representing the...


(a) The board shall conduct a hearing not later than the 10th day after the agreement to arbitrate is filed. (b) Each party to the dispute is entitled to receive notice of the time and...


A board may submit a written petition signed by a majority of the board to a district judge in the county in which the dispute or grievance arose. The petition must: (1) show that the...


On receipt of a petition filed under Section 102.051, the judge shall issue an order establishing an arbitration board. The order shall refer the matter in dispute to the board for a hearing...


The petition and the subsequent order or a copy of the petition and order shall be filed with the district clerk in the county in which the arbitration is conducted. ...


Before a board considers a dispute or grievance, each party shall file a bond in an amount set by the board and conditioned on the payment of all expenses connected with the arbitration...


A member of the board is entitled to receive: (1) three dollars a day for each day of actual service on the board not to exceed $ 30; and (2) five cents a mile for each mile...


A witness called by the board is entitled to receive: (1) 50 cents a day for each day's attendance; and (2) five cents a mile for each mile traveled by the shortest route to and...


(a) The board may charge fees and mileage paid under Sections 102.062 and 102.063 against either or both parties. (b) Fees and mileage charged against a party under this section shall...


Except as provided by Section 102.072, a board's power ends on the determination of the grievance or dispute by the board. ...


(a) If, at the time a board renders its determination, a similar grievance or dispute exists between the same class of persons for which a board may be created, those persons may submit...


(a) The board shall issue three copies of the arbitration award. (b) The board shall: (1) file one copy of the award with the district clerk; (2) issue one copy of the award to...


(a) Judgment shall be entered on an award made under this chapter and the award takes effect, unless a timely exception is filed, on the 11th day after the date it is filed with the district...


(a) Either party to an arbitration case decided by a district court may file an appeal of the district court's decision not later than the 10th day after the date on which the judgment is...


The legislature finds that the disclosure by an employer of truthful information regarding a current or former employee protects employment relationships and benefits the public welfare. It is...


In this chapter: (1) Employee means a person who performs services for an employer, whether or not for compensation. (2) Employer means a person who has one or more employees...


(a) An employer may disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on the request of the prospective...


(a) An employer who discloses information about a current or former employee under Section 103.003 is immune from civil liability for that disclosure or any damages proximately caused by...


This chapter does not require an employer to provide an employment reference to or about a current or former employee. ...


This subtitle may be cited as the Texas Unemployment Compensation Act. ...


The Texas Employment Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September...


In this subtitle: (1) Base period means: (A) the four consecutive completed calendar quarters, prescribed by the commission, in the five consecutive completed calendar quarters...


(a) Misconduct means mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance,...


(a) In this subtitle, employer means an employing unit that: (1) paid wages of $ 1,500 or more during a calendar quarter in the current or preceding calendar year; or (2)...


In this subtitle, employer also means an individual or employing unit that acquires the organization, trade, or business of another, or substantially all of the assets thereof, of another...


In this subtitle, employer also means an employing unit that: (1) is a nonprofit organization under Section 501(c)(3), Internal Revenue Code of 1986...


In this subtitle, employer also means an employing unit that has elected to become an employer under Section 205.001, 205.002, 206.002, or 206.003. ...


In this subtitle, employer also means: (1) an employing unit that is liable for the payment of taxes under the Federal Unemployment Tax Act...


In this subtitle, employer also means a state, a political subdivision of a state, or an instrumentality of a state or political subdivision of a state that is wholly owned by one or more...


(a) In this subtitle, employer also means an employing unit that paid cash wages of $ 1,000 or more during a calendar quarter in the current or preceding calendar year for domestic service in...


(a) In this subtitle, employer also means an employing unit that paid wages for, or employed individuals in, farm and ranch labor in accordance with this section, Section 201.047, or...


For purposes of this subtitle, a temporary help firm is the employer of an individual employed by the firm as a temporary employee. ...


For the purposes of this subtitle, staff leasing services company has the meaning assigned by Section 91.001. ...


In this subtitle, employment means a service, including service in interstate commerce, performed by an individual for wages or under an express or implied contract of hire, unless it is...


In this subtitle, employment includes service: (1) as an agent-driver or commission-driver who delivers a meat product, vegetable product, fruit product, bakery product, laundry, dry...


(a) In this subtitle, employment includes service performed in this state or in and outside this state if: (1) the service is localized in this state; or (2) the service is...


In this subtitle, employment includes service that is performed by an individual and that is covered by a reciprocal agreement under this subtitle between the commission and the agency...


In this subtitle, employment includes service performed on or in connection with an American vessel or aircraft if: (1) the service is employment under Section 3306(c), Internal Revenue...


(a) An individual employed to perform or to assist in performing the work of an employee or agent of an employing unit is employed by that employing unit for purposes of this subtitle if...


(a) Farm and ranch labor is employment for the purposes of this subtitle if the labor: (1) is performed by a seasonal worker employed on a truck farm, orchard, or vineyard; (2)...


Except as provided by Sections 201.063 and 201.067, in this subtitle, employment includes service performed in the employ of an Indian tribe if the services are excluded from the definition...


In this subtitle, employment does not include service for which unemployment compensation is payable under an unemployment compensation system established by an Act of Congress. ...


In this subtitle, employment does not include service under an arrangement that is between the commission and the agency that administers another state's or a federal unemployment...


(a) In this subtitle, employment does not include: (1) service in the employ of a political subdivision or of an instrumentality of a political subdivision that is wholly owned by one...


In this subtitle, employment does not include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, except as performed for an...


In this subtitle, employment does not include: (1) service of an individual in the employ of the individual's son, daughter, or spouse; or (2) service of an individual younger...


In this subtitle, employment does not include: (1) service in the employ of: (A) a church; (B) a convention or association of churches; or (C) an organization that...


In this subtitle, employment does not include: (1) service performed by an individual receiving rehabilitative or paying work in the employ of a facility that is conducted for the...


In this subtitle, employment does not include: (1) service as a student nurse who is: (A) employed by a hospital or a nurses' training school; and (B) enrolled and...


In this subtitle, employment does not include: (1) service performed in the employ of a school, college, or university by a student who is enrolled and regularly attending classes at...


In this subtitle, employment does not include: (1) service by an individual as a product demonstrator if: (A) the service is performed under a written contract between the...


In this subtitle, employment does not include service as an insurance agent for which the only remuneration for the service is a commission. ...


In this subtitle, employment does not include: (1) service performed by an individual as a real estate broker or salesman if: (A) the individual engages in activity described...


In this subtitle, employment does not include: (1) service performed for compensation by an individual for a private for-profit delivery service if the individual: (A) may...


In this subtitle, employment does not include service performed by an inmate of a custodial or penal institution. ...


In this subtitle, employment does not include service performed on a fishing vessel normally having a crew of fewer than 10 members if: (1) the crew member's payment is a share of...


(a) All of the service of an individual performed during a pay period for a person employing the individual is employment if the service performed during one-half or more of the period...


In this subtitle, employment does not include service performed for a private for-profit person by an individual as a landman if: (1) the individual is engaged primarily in negotiating...


In this subtitle, wages means all remuneration for personal services, including: (1) the cash value of remuneration paid in a medium other than cash; and (2) a gratuity received...


In this subtitle, wages does not include: (1) that part of the remuneration paid by an employer to an individual for employment during a calendar year that exceeds remuneration to the...


(a) An individual is totally unemployed in a benefit period during which the individual does not perform services for wages in excess of the greater of: (1) $ 5; or (2) 25 percent of...


If the United States secretary of labor holds that a provision of this subtitle does not conform with a federal statute, the commission may administer this subtitle to conform with the...


(a) The division of education is a division in the commission. The division shall assist the agency administrator and commission in administering their functions under Chapter 132, Education...


In this chapter: (1) Administration fund means the unemployment compensation administration fund created under Section 203.151. (2) Federal trust fund means the unemployment...



(a) The comptroller is treasurer and custodian of the compensation fund and the special administration fund and shall administer the funds in accordance with the directions of the commission....


The comptroller is liable on the comptroller's official bond for the faithful performance of the comptroller's duties under this subtitle in connection with the compensation fund,...


All money paid to the commission under this subtitle: (1) shall be deposited in the treasury unless: (A) a state or federal law prohibits deposit in the treasury; or (B)...


Money in the compensation fund, the administration fund, and the special administration fund shall be deposited, administered, and disbursed in the same manner and under the same requirements...


(a) The unemployment compensation fund is a special fund. (b) The compensation fund consists of: (1) contributions collected under this subtitle; (2) interest earned on money in...


(a) On receipt of any money payable to the compensation fund, the commission shall forward the money to the comptroller, who shall immediately deposit it in the clearing account. (b)...


(a) The commission periodically shall requisition from the federal trust fund amounts the commission considers necessary for the payment of benefits and refunds for a reasonable period....


(a) Except as otherwise provided by this subchapter, the comptroller, under the direction of the commission, may deposit money credited to the clearing and benefit accounts in a bank or...


(a) The commission shall direct the administration of the compensation fund exclusively for the purposes of this subtitle. (b) Money requisitioned from this state's account in the...


(a) The comptroller may issue a warrant for a benefit only from the benefit account. (b) As directed by the commission, the comptroller may issue a warrant for a refund as provided...


Money requisitioned from the federal trust fund that remains unclaimed or unpaid in the benefit account after the end of the period for which the money was requisitioned shall be, in...


(a) If the commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the compensation fund, it shall inform the governor and...


If this state is not certified for any year by the United States secretary of labor as required under Section 3304(c), Internal Revenue Code of 1986...


(a) The commission may reimburse a state or federal agency from the compensation fund or receive a reimbursement from a state or federal agency for the compensation fund under an arrangement...


Benefits are due and payable only to the extent money is available for that purpose in the compensation fund. Neither this state nor the commission is liable for any amount in excess of the...


(a) To the extent that a provision of this subchapter relates to the federal trust fund, the provision is operative only as long as: (1) the federal trust fund exists; and (2) the...


In any application for an advance from the federal trust fund (Section 1201, Social Security Act...


(a) The advance interest trust fund is a trust fund in the custody of the comptroller. (b) The governor may use money in the advance interest trust fund without legislative appropriation to:...


The comptroller shall transfer all income earned after April 1, 1983, from investment of the advance interest trust fund and other funds appropriated for that purpose to the special...


The governor may authorize the commission to transfer money from the advance interest trust fund to the compensation fund if the governor: (1) on the advice of the commission, determines...


(a) In addition to other taxes, a separate tax is imposed on each employer eligible for an experience tax rate if after January 1 of a year: (1) an interest payment on an advance from...


(a) The unemployment compensation administration fund is a special fund in the state treasury. (b) The administration fund consists of money: (1) appropriated to the administration...


(a) Money credited to the administration fund may be used by the commission as provided by this subtitle and may not be transferred to any other fund. (b) Money in the administration...


(a) If the United States secretary of labor or that secretary's successor finds that money received from the secretary or the secretary's successor under Title III of the Social Security Act...


(a) The unemployment compensation special administration fund is a special fund. (b) The special administration fund consists of: (1) all interest and penalties collected under...


(a) Money in the special administration fund may be spent in accordance with this subtitle and may be used: (1) to pay the cost of reimbursing the benefit account in the compensation...


A refund under Subchapter E, Chapter 213 of a penalty that has been erroneously collected and deposited to the credit of the special administration fund shall be made, without interest, from...


In this chapter, manual means the North American Industrial Classification System Manual published by the United States Office of Management and Budget. ...


(a) An employer shall pay a contribution on wages for employment paid during a calendar year or the portion of the calendar year in which the employer is subject to this subtitle. (b)...


An employer may not deduct any part of a contribution from the wages of an individual in the employer's employ. ...


The commission shall assign each employer to a major group in accordance with the definitions contained in the manual. ...


(a) For each calendar year, the commission shall establish by industry an average contribution rate for each major group. (b) The commission shall determine the year's contribution rate...


(a) A person's contribution rate for the calendar year in which the person becomes an employer is the greater of: (1) the rate established for that year for the major group to which the...


(a) This section applies to an employer identified by the commission as classified in the manual as: (1) Number 115114, crop preparation services for market; or (2) Number 115111,...


For the purpose of this chapter, benefits are paid at the time the claim for the benefits is certified by the commission to the comptroller for payment. ...


(a) A labor agent who furnishes a farm and ranch laborer is liable for the payment of a tax under this subtitle as if the labor agent were the employer of the laborer, without regard to any...


An Indian tribe that is subject to this subtitle shall pay contributions under the same terms and conditions as any other subject employer unless the Indian tribe elects under Chapter 205 to...


(a) The amount of benefits paid to a claimant for a benefit year shall be charged to the accounts of each of the claimant's employers during the claimant's base period. The chargebacks of...


(a) Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's...


The commission shall mail to an employer a notice of the employer's maximum potential chargebacks when benefits are first paid if: (1) notice of an initial claim has not already been...


To protest a potential chargeback, an employer to whom notice is mailed under Section 204.023 must mail to the commission at Austin a protest not later than the 30th day after the date the...


(a) An examiner promptly shall decide the issues involved in a timely protest filed under Section 204.024 and shall mail a notice of the decision to the protesting employer. (b)...


(a) An employer may appeal an administrative determination made under Section 204.025 after the employer has exhausted the employer's administrative remedies, not including a motion for...


(a) If notice of the claim was sent to an employer under Section 208.002, the commission shall mail the employer a notice of the amount of the employer's potential chargeback resulting from...


(a) Each employer whose account has been chargeable with benefits throughout four or more consecutive calendar quarters shall pay contributions at the rate prescribed by the table in...


 

(a) The commission shall extend the table in Section 204.042 by providing additional replenishment ratios, benefit ratios, and tax rates up to six percent. (b) In extending the table...



(a) The benefit ratio for an employer is equal to the total amounts of the employer's chargebacks for the 36 consecutive months preceding the tax rate computation date divided by the total of...



(a) The replenishment ratio for a calendar year is computed by: (1) dividing the numerator described in Subsection (b) by the denominator described in Subsection (c); and (2)...



(a) A benefit is not effectively charged if it is: (1) not charged to an employer's account; (2) charged to an employer's account after the employer has reached maximum...



(a) The computation date for the tax rate for the contribution under Section 204.041 is October 1 of the year preceding the calendar year in which the rate takes effect, except as provided...



(a) Notwithstanding any other provision of this subtitle, an employer for whom the commission has computed an experience rate as of October 1 of a calendar year that is effective for...



In computing the tax rates under this subchapter: (1) the ceiling of the compensation fund is two percent of the total taxable wages for the four calendar quarters ending the...



(a) In addition to the general tax computed under Subchapter C, an employer entitled to an experience rate shall pay a replenishment tax at the rate computed by: (1) dividing the...



(a) If the amount of money in the compensation fund on a tax rate computation date is less than the floor of the compensation fund, a deficit tax rate is added for the next calendar year to...



(a) The deficit ratio is computed by: (1) dividing the numerator computed under Subsection (b) by the denominator described by Subsection (c); and (2) rounding that result to...



(a) If the amount in the compensation fund on a tax rate computation date is more than the ceiling of the compensation fund, an employer entitled to an experience rate on the computation date...



(a) The surplus ratio is computed by: (1) dividing the numerator computed under Subsection (b) by the denominator described by Subsection (c); and (2) rounding that result to...



In this subchapter, compensation experience includes the period that benefit wage credits or benefits have been chargeable and any other factor under Subchapter A, B, C, or D necessary to...



For purposes of this subchapter, an acquisition is effective on the first day of the calendar quarter in which the acquisition occurs. ...



An employing unit that acquires all of the organization, trade, or business of an employer and that continues operation of the organization, trade, or business acquires the compensation...



(a) If an employing unit acquires a part of the organization, trade, or business of an employer, the successor employing unit and the predecessor employer may jointly make a written application...



(a) A successor employing unit that is subject to Section 204.083 or 204.084 and is an experience-rated employer on the date of the acquisition shall pay contributions from the date of...



(a) An individual or employing unit that acquires the organization, trade, or business or substantially all of the assets of an organization, trade, or business of an employer who, at the time...



A governmental employer shall pay a contribution in accordance with this subchapter and rules adopted by the commission on wages paid for employment during each year or portion of the year...



A contribution paid by a governmental employer may not be deducted from the wages of individuals in the employer's employ. ...



(a) The rate of the contribution required under Section 204.101 for each calendar year is equal to the greater of: (1) one-tenth of one percent; or (2) the percentage, adjusted to...



The commission shall account separately for benefits paid and contributions collected under this subchapter, and these benefits and contributions may not be used in determining contribution...



(a) A governmental employer that fails to pay a contribution due under this subchapter on the date it is due as prescribed by the commission is subject to the same penalties as provided for...



(a) A governmental employer shall keep records and file reports with the commission relating to individuals in its employ as required by rules adopted by the commission. (b) A...


 

 

(a) A nonprofit organization that is described by Section 201.023 or a group of those organizations subject to this subtitle may elect to pay reimbursements for benefits instead of contributions....


(a) The commission may terminate an employer's election to make reimbursements if the employer is delinquent in making reimbursements under this chapter. (b) A termination under this...



(a) An Indian tribe that elects to make reimbursements for benefits instead of contributions shall make the election under this chapter in the same manner and subject to the same conditions as...



(a) A reimbursing employer is entitled to the rights and privileges and subject to the duties and responsibilities of all provisions of this subtitle other than the following provisions of...



A reimbursing employer shall pay a reimbursement to the commission in accordance with this chapter and rules adopted by the commission. ...



(a) A reimbursing employer shall pay to the commission an amount equal to the regular benefits plus, except as provided by Subsection (c), one-half of the extended benefits paid during...



If benefits to an individual are computed on benefit wage credits earned from more than one employer, at least one of whom is a reimbursing employer, the amount payable to the compensation fund...



An employer who has elected reimbursement under Section 205.001 or 205.002 shall pay reimbursements for benefits that are attributable to service in the employ of the employer during the period...



A reimbursing employer who fails to pay a reimbursement on the date on which the reimbursement is due, or who fails to submit records and reports, as prescribed by the commission, is subject...



The commission shall notify the comptroller in writing of the name of a governmental employer that is delinquent in payment of reimbursements under this subtitle and the amount of the...



Benefits computed on wages earned from a reimbursing employer and reimbursements for the benefits may not be used in computing the replenishment ratio under Section 204.045. ...



(a) A branch, department, or other instrumentality of this state that reimburses the commission with funds that are held outside the state treasury shall reimburse the commission by writing...



(a) On approval of an application submitted by two or more reimbursing employers, the commission shall establish a group account for the employers to share the cost of benefits that...



(a) A group account must remain in effect for not less than two years. (b) After two years, the account may be terminated at the discretion of the commission or on application by the...



On establishment of a group account, each member of the group is liable for reimbursements for each calendar quarter in the amount that bears the same ratio to the total benefits paid in...



Each member of a group shall keep accurate employment records and submit reports as required by the commission relating to persons employed by the member. ...



The commission shall as necessary adopt rules on: (1) an application for the establishment, maintenance, and termination of a group account authorized by this subchapter; (2) the...



(a) The commission may require a reimbursing employer or group of reimbursing employers to execute and file with the commission a surety bond approved by the commission. (b) The amount of...



The commission may provide additional safeguards as necessary to ensure that a reimbursing employer pays the reimbursements required under Subchapters B and C. ...



(a) This state is a reimbursing employer subject to this subtitle for all services performed in the employ of: (1) this state; (2) a branch or department of this state; or (3)...



If the commission is unable to execute a reciprocal agreement under Chapter 211 to cover an employee of this state who works outside this state, the employing agency shall become a...



(a) An employing unit that is not otherwise subject to this subtitle may elect coverage as an employer for not less than two calendar years. (b) Subsection (a) does not apply to an...



(a) An employing unit may elect for not less than two calendar years that all services that do not constitute employment and that are performed by individuals in its employ in one or more...



(a) An employing unit may cease to be an employer only on January 1 of a year and only if the commission finds that: (1) the employing unit was not an employer during the preceding year;...



When an employing unit that ceased to be an employer subsequently becomes an employer, the employing unit is considered to be a new employer without regard to the rights that employing...



Benefits are paid through the commission in accordance with rules adopted by the commission and are due and payable under this subtitle only to the extent provided by this subtitle. ...



(a) An eligible individual who is totally unemployed in a benefit period is entitled to benefits for the benefit period at the rate of 1/25 of the wages received by the individual from...



(a) An eligible individual who is partially unemployed in a benefit period is entitled to partial benefits for that benefit period. (b) The amount of a partial benefit is computed by:...



(a) The commission shall credit an individual's wages received for employment from an employer during the individual's base period as the individual's benefit wage credits. (b) Wages used...



The maximum amount of benefits payable to an eligible individual during a benefit year may not exceed the lesser of: (1) 26 times the individual's benefit amount; or (2) 27 percent...



If a benefit rate or benefit payable computed under this chapter is not a multiple of $ 1, the benefit rate or benefit payable is increased to the next multiple of $ 1. ...



(a) An individual claiming benefits under this subtitle may not be charged a fee in a proceeding under this subtitle by: (1) the commission or a representative of the commission; or...



(a) In determining whether work is suitable for an individual, the commission shall consider: (1) the degree of risk involved to the individual's health, safety, and morals at the place...



Benefits based on service in the employ of an Indian tribe, as described by Section 201.048, are payable in the same amount, on the same terms, and subject to the same conditions as benefits...



(a) Except as provided by Chapter 215, an unemployed individual is eligible to receive benefits for a benefit period if the individual: (1) has registered for work at an employment office...



(a) An individual may not be denied benefits because the individual is in training with the approval of the commission. (b) An individual may not be denied benefits for a benefit period...



(a) This section applies only to training approved under Section 236(a)(1) of the Trade Act of 1974...



(a) This section applies only to training approved under Section 236(a)(1) of the Trade Act of 1974...



An individual's benefits may not be denied or reduced solely because at the time the individual filed the claim for unemployment compensation the individual: (1) files a claim in...



Benefits may not be denied to an individual solely because of pregnancy or termination of pregnancy. ...



(a) Benefits are not payable to an individual based on services performed in an instructional, research, or principal administrative capacity for an educational institution for a week...



Benefits are not payable to an individual based on services substantially all of which consist of participating in a sport or athletic event or training or preparing to participate in a sport...



(a) Benefits are not payable based on services performed by an alien unless the alien: (1) is an individual who was lawfully admitted for permanent residence at the time the services...



(a) An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. (b) Disqualification under this section...



(a) An individual is disqualified for benefits if the individual left the individual's last work voluntarily without good cause connected with the individual's work. (b) Except as provided...



An individual is not disqualified for benefits under this subchapter if the work-related reason for the individual's separation from employment was urgent, compelling, and necessary so as to...



(a) An individual is disqualified for benefits if during the individual's current benefit year, the individual failed, without good cause, to: (1) apply for available, suitable work...



(a) An individual is disqualified for benefits for a benefit period in which the individual's total or partial unemployment is caused by: (1) the individual's stoppage of work because of...



An individual is disqualified for benefits for a benefit period for which the individual is receiving or has received remuneration in the form of: (1) wages in lieu of notice; or...



(a) Except as provided by Subsection (b), an individual is disqualified for benefits for a benefit period for which the individual is receiving or has received a governmental or other...



(a) An individual is disqualified for benefits if the individual left the individual's last work because of the sale of: (1) a corporation and the individual was: (A) an officer of...



(a) An individual is disqualified for benefits for a period of unemployment for which the individual left the individual's most recent work to attend an established educational institution....



(a) An individual is disqualified for benefits if the individual: (1) left the individual's last work voluntarily rather than provide services included within the course and scope of...



(a) Except for an employer's waiver under Chapter 204 and Section 205.011, an agreement by an individual to waive, release, or commute the individual's right to benefits or any other rights...



An employer may not require or accept a waiver of a right of an individual employed by the employer under this subtitle. ...



An employer may not, directly or indirectly, make, require, or accept a deduction from wages to finance a contribution or reimbursement required to be paid by the employer under this subtitle. ...



An employer, or officer or agent of an employer, commits an offense if the person violates Section 207.072 or 207.073. An offense under this section is punishable by: (1) a fine of not...



(a) An assignment, pledge, or encumbrance of a right to benefits is not valid. (b) A right to benefits is exempt from levy, execution, attachment, or any other remedy for debt collection....



Benefits based on services for all employers in employment are payable in the same amount, on the same terms, and subject to the same conditions, except to the extent that Section 207.041...



In this subchapter: (1) Benefit includes amounts payable by the commission under an agreement entered under federal law that provides for compensation, assistance, or allowances...



(a) An individual at the time of filing a new claim for benefits shall disclose whether the individual owes a child support obligation. (b) If the individual discloses a child...



(a) The commission shall withhold from the benefits payable to an individual that owes a child support obligation an amount equal to: (1) any amount required to be withheld under...


(a) This subchapter and Section 207.075(e) are enacted because Section 303(e) of the Social Security Act...



(a) An eligible individual may elect to have federal income tax withheld from benefits. The commission shall withhold federal income taxes from the benefits of an individual who elects...


In this subchapter: (1) State agency has the meaning assigned by Section 3(n), Food Stamp Act of 1977...



This subchapter applies only if arrangements have been made for reimbursement by the state agency for the administrative costs incurred by the commission under this subchapter that...



(a) An individual who files a new claim for unemployment benefits shall disclose, at the time of filing of that claim, whether the individual owes an uncollected overissuance. (b) If...



(a) The commission shall deduct and withhold from unemployment benefits payable to an individual who owes an uncollected overissuance: (1) the amount the individual specifies to...



(a) Claims for benefits shall be made in accordance with rules adopted by the commission. An unemployed individual who does not have a current benefit year may file an initial claim in...



(a) The commission shall mail a notice of the filing of an initial claim to the person for whom the claimant last worked before the effective date of the initial claim. If the person for whom...



(a) An employer may designate in writing to the commission an address for mail service. (b) If an employer designates a mailing address under Subsection (a), mailing of notice of...



(a) A person to whom notice is mailed under Section 208.002 shall notify the commission promptly of any facts known to the person that may: (1) adversely affect the claimant's right...



(a) The commission shall determine whether an initial claim is valid. (b) For each valid initial claim, the commission shall determine: (1) the claimant's benefit year; (2)...



The commission shall mail a notice of the determination of an initial claim to the claimant's last known address as shown by the commission's records. ...



A claimant, within 14 days after the date the commission mailed notice of the commission's determination to the claimant under Section 208.022, may request a redetermination of or may appeal...



In this chapter: (1) Eligibility period means the period consisting of the benefit periods in an individual's benefit year that begin in an extended benefit period and, if...



A provision of this subtitle or a commission rule applicable to a claim for or the payment of regular benefits applies to a claim for or the payment of extended benefits unless the result of...



(a) The commission shall make findings as necessary to determine an extended benefit period, compute the rate of insured unemployment, and determine the eligibility or ineligibility...



(a) Except as provided by Subsection (b), an extended benefit period begins with the third week after a week with a state on indicator. (b) An extended benefit period may not begin...



(a) Except for a week to which Subsection (b) applies, a week is a state on indicator week if the rate of insured unemployment for the period consisting of that week and the preceding 12 weeks:...



For the purpose of Section 209.022, the rate of insured unemployment is computed by: (1) dividing: (A) the average weekly number of individuals filing claims for...



The commission shall publicly announce, in accordance with commission rule, the beginning of each extended benefit period and the termination of each extended benefit period. ...



An individual is eligible to receive extended benefits for a benefit period of unemployment in the individual's eligibility period if, with respect to the benefit period, the individual:...



(a) An individual has exhausted regular benefits with respect to a benefit period of unemployment in the individual's eligibility period if the individual: (1) before that period:...



(a) An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual failed to actively seek work....



An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual failed to: (1) accept an offer...



The employment service shall refer a claimant entitled to extended benefits to suitable work that meets the standards prescribed in Sections 209.046, 209.047(a), and 209.047(b). ...



An individual may not be denied extended benefits for failure to accept a job offer of suitable work or apply for suitable work if: (1) the work was not offered to the individual in...



(a) For the purposes of this subchapter, and subject to Subsections (b) and (c), suitable work for an individual is work: (1) within the individual's capabilities; (2) for which...



An individual ineligible for extended benefits under Section 209.043 or 209.044 is ineligible for benefits for a period: (1) beginning with the first day of the week following the week in...



(a) Except as provided by Subsection (b), an individual is ineligible to receive extended benefits for a benefit period in the individual's eligibility period if the individual has...



(a) An individual is ineligible for extended benefits payable for a benefit period under an interstate claim filed in any state under an interstate benefit payment plan if an extended...



The weekly extended benefit amount payable to an individual for a benefit period of total unemployment in the individual's eligibility period is equal to the weekly benefit amount payable to...



The total extended benefit amount payable to an eligible individual for the individual's eligibility period is 50 percent of the total amount of regular benefits that were payable to...



(a) Notwithstanding any other provision of this subtitle, the remaining balance of extended benefits that an individual would otherwise be entitled to receive in an extended benefit period...



(a) Extended benefits shall be paid from the compensation fund. (b) Payments made by the federal government for its share of extended benefits shall be deposited in the compensation fund. ...



Fifty percent of the extended benefit payments based on benefit wage credits from a reimbursing employer shall be charged to the employer's account and reimbursed by the employer in the...



(a) Fifty percent of extended benefit payments based on benefit wage credits from a taxed employer are chargebacks and must be used in determining the employer's benefit ratio unless...



The total amount of extended benefit payments shall be charged to the employer if the payments are based on benefit wage credits earned from: (1) a state; (2) any political...



The total amount of extended benefit payments that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be charged to the Indian tribe. ...



(a) The notice to a taxed base period employer of a claim for benefits under Section 204.023 or 204.027 must state that if the claim results in the payment of extended benefits, the...



If a back pay award to a claimant is reduced because of the receipt of unemployment compensation benefits by the claimant, the employer against whom the back pay award was made shall notify...



(a) Subject to Subsection (b), an employer who is assessed a back pay award that is reduced because of the receipt of unemployment compensation benefits by the claimant shall reimburse...



A claimant is not liable for an overpayment of benefits that results from a back pay award and for which the employer against whom the award is made is required under Section 210.002 to...



(a) The comptroller may issue to a claimant a replacement warrant for a warrant issued in payment of benefits under this subtitle if the claimant who was entitled to receive the original warrant:...



The comptroller may not pay a warrant issued for benefits unless the warrant is presented for payment before the first anniversary of the date on which the warrant was issued. ...



A replacement warrant may not be issued under this chapter after the first anniversary of the date of the original warrant. ...



The commission may enter into arrangements with an appropriate agency of another state or a federal agency under which an individual performing services in this and one or more other states for...



(a) The commission may enter into a reciprocal arrangement with the appropriate agency of another state under which a state employee who performs services in the state that is not the...



The commission shall participate in an arrangement for the payment of benefits determined by combining an individual's wages and employment covered under this subtitle and the wages and...



(a) Notwithstanding any other provision of this subtitle, the commission may enter into a reciprocal arrangement with an appropriate state or federal agency, or both, that provides: (1)...



The commission may enter into a reciprocal arrangement with the appropriate agency of another state or federal agency, or both, under which service on a vessel or aircraft engaged in interstate...



(a) The commission may enter into an agreement with the proper agency under an Act of Congress establishing an unemployment compensation system to provide reciprocal treatment to an individual:...



The manner in which disputed claims are presented, the reports on disputed claims required from claimants, employers, or other persons, and the conduct of hearings and appeals must be...



(a) A complete record shall be kept of proceedings in connection with a disputed claim. (b) Testimony at any hearing on a disputed claim shall be recorded. ...



(a) A witness subpoenaed under this chapter is entitled to a fee at a rate set by the commission. (b) The witness fee is an expense of administering this subtitle. ...



(a) Except as otherwise provided by this section, benefits shall be paid in accordance with a final determination. (b) Benefits shall be paid promptly in accordance with: (1)...



A chargeback may not be made to an employer's account because of payments having been made under a determination or decision to the claimant for any benefit period with regard to which...



(a) Benefits paid to a claimant that are not in accordance with the final decision shall be: (1) refunded by the claimant to the commission; or (2) in the discretion of the...



(a) If the person for which a claimant last worked files a notification with the commission as provided by Section 208.004, an examiner shall determine: (1) whether the claimant...



(a) If a notification as provided by Section 208.004 from the person for which a claimant last worked is not filed, and information on the claim or other information secured raises an...



An examiner's determination is final for all purposes unless: (1) the claimant or the person or branch for which the claimant last worked and to whom the copy of the determination...



(a) Except as otherwise provided by this subsection, if an examiner discovers an error in connection with a determination or discovers additional information not previously available,...



(a) The commission shall establish one or more impartial appeal tribunals to hear and decide disputed claims if the establishment of those appeal tribunals is necessary to ensure prompt...



Unless the appeal is withdrawn, an appeal tribunal shall affirm or modify the determination of the examiner after giving the parties reasonable opportunity for fair hearing. ...



The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision. ...



The decision of an appeal tribunal is the final decision of the commission unless further appeal is initiated as provided by Section 212.151 not later than the 14th day after the date the...



(a) The commission may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. (b) A quorum of the commission shall hear...



The commission may: (1) on its own motion: (A) affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in the case; or...



The commission promptly shall mail to the parties before it a copy of its findings and decision. ...



A decision of the commission becomes final 14 days after the date the decision is mailed unless before that date: (1) the commission by order reopens the appeal; or (2) a party to...



(a) A party aggrieved by a final decision of the commission may obtain judicial review of the decision by bringing an action in a court of competent jurisdiction for review of the decision...



(a) Judicial review under this subchapter is by trial de novo. (b) It is not necessary in a judicial proceeding under this subchapter to enter exceptions to the rulings of the commission. ...



(a) A party claiming to be aggrieved by a final decision of the commission may not obtain judicial review of the decision unless the party has exhausted the party's remedies before the...



An action under this subchapter must be filed: (1) in the county of the claimant's residence; or (2) if the claimant is not a resident of this state, in: (A) Travis County;...



(a) A petition in an action under this subchapter must state the grounds on which review is sought. (b) A petition for judicial review does not act as a supersedeas. ...



(a) The commission is considered a party to any judicial action involving a final decision of the commission. (b) A petition to bring an action under this subchapter must be served on:...



The commission may be represented in any judicial action involving a final decision of the commission by any qualified attorney who: (1) is a regular salaried employee of the commission; and...



An action under this subchapter shall be given precedence over all other civil cases except cases arising under the workers' compensation laws of this state. ...



The commission shall enter an order in accordance with the final determination of an action under this subchapter. ...



An appeal bond is not required in an appeal from a decision of a trial court in an action under this subchapter. ...



(a) The attorney general shall designate an assistant attorney general to represent the commission and the state in a civil action to enforce this subtitle and to perform legal duties as...



The prosecuting attorney for a county in which a criminal violation of this subtitle or a rule adopted under this subtitle is alleged to have occurred shall prosecute the criminal action. ...



In a civil or criminal proceeding brought under this subtitle, a certified copy of a document from commission records is admissible in evidence instead of the original document. ...



(a) In a judicial proceeding in which the establishment or collection of a contribution, penalty, or interest is sought because an employer does not pay a contribution, a penalty, or...



The commission shall pay from the administration fund established under Subchapter D, Chapter 203, costs adjudged against the state or the commission in a suit instituted on behalf or at...



If an employer's assets are distributed under a court order issued under the laws of this state, including a receivership, assignment for benefit of creditors, adjudicated insolvency,...



A finding of fact, conclusion of law, judgment, or final order made under this subtitle is not binding and may not be used as evidence in an action or proceeding, other than an action...



An action taken under this chapter is not an election by the commission to pursue a particular remedy or action under this chapter to the exclusion of another remedy or action under this...



(a) A qualified attorney who is a regular salaried employee of the commission may represent an employment security agency of another state in a proceeding in a court in this state to collect...



A notice of payment or notice of delinquency provided to an Indian tribe under this chapter must inform the Indian tribe that failure to make full payment within the required time: (1)...



(a) An employer who does not pay a contribution on or before the date prescribed by the commission is liable to the state for interest of one and one-half percent of the contribution for...



An employer who does not file a report of wages paid or contributions due as required by this subtitle or commission rule shall pay to the commission a penalty in the amount equal to: (1)...



An employing unit shall pay a penalty of $ 30 if a civil penalty is not otherwise provided by this subtitle and the employing unit: (1) does not keep records required under this subtitle...



(a) In addition to the penalty imposed under Section 213.023, an employing unit shall pay a penalty of $ 30 for each consecutive day that a violation of this subtitle or of a rule adopted...



For a judgment or final assessment that grants recovery of the amount of a contribution and the amount of interest computed at the maximum rate permitted under Section 213.021(a), the part of...



If after notice an employer does not pay a contribution or a penalty or interest on a contribution, the commission shall collect the amount due by: (1) bringing a civil action in the name...



(a) A notice of assessment shall be served in the manner provided by law for service of process on a defendant in a civil action in district court. (b) A notice of assessment is prima...



(a) The commission may not begin a civil action in court or make an assessment under this subchapter to collect a contribution, a penalty, or interest from an employer after the third...



(a) If a civil action filed under this subchapter is supported by a statement, report, or audit issued by the commission and the commission certifies that the contribution, penalty, and...



Unless the employer prevails in a civil action brought under this subchapter or the notice of assessment is reversed by a reviewing court, the employer shall pay all costs of either action. ...



(a) The commission shall pay the fee for filing and recording an abstract of a judgment or an abstract of an assessment against an employer for a contribution, a penalty, or interest by...



(a) After a judgment is entered against an employer for a contribution, a penalty, or interest or an assessment against an employer under this chapter is final and execution returned...



(a) If an individual or employing unit appears to be violating or threatening to violate this subtitle or any rule or order of the commission adopted under this subtitle relating to the...



(a) If an individual or an employing unit violates an injunction granted under this subtitle, the court on its own motion or the commission's motion in the name of the state, after notice...



Any contribution, penalty, interest, or court cost owed by an employer under this subtitle is a debt owed by the employer to the state under Section 403.055, Government Code, only for...



(a) The commission may employ an auditor or other person to determine the amount of a contribution due and prepare a report due from an employer who does not properly pay a contribution or make...



(a) If an employer does not make a report to the commission that is required by this subtitle or by commission rule, the commission may estimate the taxable wages paid by the employer during...



(a) The amount due from an employing unit under this subtitle is secured by a lien on property belonging to the employing unit or to any individual indebted for the sum. (b) The lien...



(a) The amount due from an employing unit to the commission under this subtitle is secured by a lien on property belonging to the employing unit or to any individual indebted for the sum....



(a) If a person is delinquent in the payment of any amount, including contributions, penalties, and interest due under this subtitle, the commission may notify personally or by mail any...



(a) Services performed for an Indian tribe that fails to make a required payment, including payment of a penalty and interest, are not considered, after the exhaustion of all necessary...



(a) The commission shall allow the employing unit on application under Section 213.072 to adjust its contribution payments then due for a contribution or penalty erroneously collected from...



(a) An employing unit that pays the commission a contribution or penalty that is allegedly due and that later is determined not due, in whole or in part, may apply to the commission for:...



(a) If the commission denies a timely application made under this subchapter, the employing unit may bring an action in a court of competent jurisdiction in Travis County against the...



Interest is not allowed on an adjustment or refund made under this subchapter or a recovery made in a court action filed under this subchapter. ...



The commission may make an adjustment or refund on its own initiative under this subchapter within the period prescribed by this subchapter. ...



(a) A person who has received improper benefits is liable for the amount of the improper benefits. The commission may recover improper benefits by: (1) deducting the amount of the...



(a) If, by wilful nondisclosure or misrepresentation of a material fact, whether the nondisclosure or misrepresentation is made by the person or for the person by another, a person receives...



(a) A person commits an offense if the person makes a false representation, knowing it to be false, or knowingly fails to disclose a material fact, to: (1) prevent or reduce the payment...



(a) A person commits an offense if the person wilfully fails or refuses to make a contribution or other payment required from an employing unit under this subtitle. (b) An offense under...



(a) A person commits an offense if the person wilfully fails or refuses to: (1) furnish a report required under this subtitle; or (2) produce or permit the inspection or copying...



(a) A person commits an offense if the person wilfully violates a provision of this subtitle or a rule adopted under this subtitle: (1) the violation of which is made unlawful or...



In this chapter: (1) Affected unit means a unit of two or more employees, including a department or shift, designated by an employer to participate in a shared work plan....



(a) The commission, under a voluntary shared work unemployment compensation program designed to reduce unemployment and stabilize the work force, shall allow participating employees shared...



(a) Before an employer may participate in the shared work program, the commission must approve the employer's shared work plan. The plan must be submitted in writing to the commission. (b)...



(a) The commission may approve a shared work plan if: (1) the plan: (A) applies to and identifies a specific affected unit; (B) identifies the employees in the affected unit...



(a) The commission shall approve or deny a shared work plan in writing not later than the 30th day after the date the commission receives the plan. (b) If the commission denies the plan,...



(a) A shared work plan takes effect on the date the commission approves the plan. (b) A shared work plan expires on the last day of the 12th calendar month beginning after the effective...



(a) An employer may modify a shared work plan to meet changed conditions if the modification conforms to the basic provisions of the plan as approved by the commission. (b)...



A participating employer shall: (1) monitor and evaluate the operation of its established shared work plan as requested by the commission; and (2) report the findings to...



(a) Notwithstanding any other provision of this subtitle, an individual is unemployed for the purposes of this subtitle in a week in which the individual works under an approved shared work...



(a) The commission shall pay an individual who is eligible for shared work benefits a weekly shared work benefit in an amount equal to the individual's regular weekly benefit amount for a...



(a) An individual is not entitled to receive shared work benefits and regular unemployment compensation benefits that exceed the maximum total benefits payable to the individual in a benefit...



An individual who has received all of the shared work benefits and regular unemployment compensation benefits available in a benefit year is an individual who has exhausted regular benefits...


(a) The Texas Workforce Commission is a state agency established to operate an integrated workforce development system in this state, in particular through the consolidation of job...




(a) The commission is composed of three members: (1) one of whom shall be a representative of labor; (2) one of whom shall be a representative of employers; and (3) one of...



(a) A member of the commission may not engage in any other business, vocation, or employment during the member's term on the commission. (b) The public member of the commission may not be...



A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member of the commission or act as the general counsel to the commission while...



(a) Members of the commission are appointed for staggered six-year terms, with one member's term expiring on February 1 of each odd-numbered year. (b) A member appointed to fill a...



(a) The governor shall designate the chair of the commission from among the members of the commission. The chair shall serve in that capacity for a two-year term. The governor may redesignate...




(a) It is a ground for removal from the commission by impeachment that a member: (1) during any 60-day period, is absent from each commission meeting for which the member received at...



The Texas Workforce Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September...



(a) The commission shall have: (1) a division of workforce development; and (2) a division of unemployment compensation. (b) In addition to the divisions listed in Subsection...



(a) The commission may accept a donation of services, money, or property that the commission determines furthers the lawful objectives of the commission. The donation must be accepted in an...



The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. ...



(a) The commission shall keep an information file about each complaint filed with the commission that relates to a service provided by the commission. (b) If a written complaint is filed...



(a) The commission has an official seal. A court shall take judicial notice of the seal. (b) The commission may execute, certify, authenticate, or sign, with a facsimile signature and...



(a) The commission shall appoint an executive director to administer the daily operations of the commission in compliance with federal law. (b) A reference in this code or another law to...



(a) The commission may request an applicant for a security sensitive position to provide either a complete set of fingerprints or the applicant's complete name, driver's license number, and...



The executive director shall provide to the members of the commission and employees of the commission, as often as necessary, information regarding their responsibilities under applicable...



The executive director shall develop an intra-agency career ladder program for employees of the commission. The program shall require the intra-agency posting of all nonentry-level...



(a) The executive director shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions...



(a) The commission shall adopt rules as necessary for the administration of this title. (b) The executive director shall: (1) administer this title as provided by rules adopted by the...



(a) Except as otherwise provided by this title, a hearing conducted under this title is not subject to: (1) Section 2001.038, Government Code; or (2) Subchapters C-H, Chapter...



Both the commission and the executive director may make findings and determine issues under this title as necessary to administer this title. ...



(a) The commission is designated as the agency of this state for implementation in this state of: (1) the Wagner-Peyser Act...


(a) The executive director shall provide language interpreters for agency programs through a comprehensive language services program for persons whose primary language is Spanish and may...



(a) As soon as practicable after the close of each fiscal year, the commission shall submit to the governor and the legislature a report on the administration and operation of the...



(a) The executive director shall print: (1) the text of Subtitle A; (2) the commission's rules; and (3) the commission's annual report to the governor and the legislature....



(a) The commission may work in conjunction with the Internal Revenue Service to make certain offices of the commission volunteer income tax assistance sites during the two months preceding...



(a) The commission is the lead agency in promoting awareness of the federal work opportunity tax credit program and the state tax refund for employers under Subchapter H. (b) The...



(a) The commission by rule may establish and implement a pilot program under which the commission may provide or, through competitive grants, contract with other persons to provide...



(a) In this section, nonprofit organization includes a community development organization, minority economic development organization, community-based organization, and affordable...



(a) In discharging duties imposed under this title, an appeal tribunal established under this title, an examiner or other hearings officer employed or appointed by the commission or the...



(a) If a person is guilty of contumacy or refuses to obey a subpoena issued by a member of the commission or an authorized representative of the commission, a county or district court,...



(a) In any cause or proceeding before the commission, a person is not excused from attending and testifying, from producing books, papers, correspondence, memoranda, and other records, or...



An oral or written statement made to the commission or to an employee of the commission in connection with the discharge of the commission's or the employee's duties under Subtitle A may not...



(a) Each employing unit shall keep employment records containing information as prescribed by the commission and as necessary for the proper administration of this title. The records are open...



(a) The executive director may furnish a photostatic or certified copy of a record in the commission's possession to a person entitled to receive a copy of the record on application by the...



(a) The executive director may make state records relating to the administration of Subtitle A available to the Railroad Retirement Board. (b) The executive director may furnish the...



The executive director may destroy any of the records of the agency under safeguards that protect the confidential nature of the records if the executive director: (1) determines that...



In this subchapter, wages has the meaning assigned by Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986...



(a) The commission shall issue a tax refund voucher in the amount allowed by this subchapter and subject to the restrictions imposed by this subchapter to a person that meets the...



(a) The amount of the refund allowed under this subchapter is equal to 20 percent of the total wages, up to a maximum of $ 10,000 in wages for each employee, paid or incurred by a person...



A person is eligible for the refund for wages paid or incurred by the person, during each calendar year for which the refund is claimed, only if: (1) the wages paid or incurred by the...


A person is not eligible for the refund for wages paid or incurred by the person unless the person has received a written certification from the commission that the employee is a recipient...



(a) A person may apply for a tax refund voucher for wages paid an employee in a calendar year only on or after January 1 and before April 1 of the following calendar year. (b) The...



(a) The commission shall adopt rules as necessary to carry out its powers and duties under this subchapter. (b) The Texas Department of Human Services shall provide to the...



In this chapter: (1) Director means the director of the division. (2) Division means the division of workforce development of the commission. ...



(a) The executive director shall: (1) to the extent feasible under federal law, consolidate the administrative and programmatic functions of the programs under the authority of...



The division may provide ongoing job retention and reemployment assistance for a recipient of public assistance who has participated in a job training program. ...



The commission shall provide employment assistance services, including skills training, job placement, and employment-related services, to a person referred to the commission by: (1)...



In providing job training and employment services and child care to eligible persons, the commission, notwithstanding the provisions in this chapter or other law, may establish a...



(a) The commission may make grants available on a one-time basis to local workforce development boards to enable the boards to design and implement child-care demonstration projects. (b)...



(a) The commission shall collect state and local information relating to the effectiveness of the use of four percent quality dollars by local workforce development boards. The commission...



(a) The commission shall establish four pilot programs in which the division shall certify day-care facilities licensed under Chapter 42, Human Resources Code, as training centers that...



(a) The commission shall establish a pilot program, to be known as the Teacher Education and Compensation Helps (T.E.A.C.H.) pilot program, to assist teachers in retaining employment in the...



(a) The commission shall develop and administer a program under which the commission awards scholarships in the amount of $ 1,000 each for professional child-care training to eligible recipients....



(a) The commission shall submit an annual report to the legislature on the effectiveness of federal programs designed to provide trade adjustment assistance to persons in this state. (b)...



The commission shall develop an information and marketing campaign designed to encourage residents of the state to enter the technology workforce. The campaign shall target populations that...



(a) The commission by rule shall develop a job placement incentive program under which persons with whom local workforce development boards contract for employment services under Chapter...




(a) The commission by rule shall develop guidelines under which local workforce development boards provide postemployment services to a recipient of financial assistance participating in...



The commission shall encourage local workforce development boards to provide postemployment case management services for recipients of financial assistance who participate in employment...



(a) The following job-training, employment, and employment-related educational programs and functions are consolidated under the authority of the division: (1) adult education programs...



The director shall develop a uniform, statewide client application and enrollment process to determine an applicant's eligibility for workforce training and services funded through the division. ...



The executive director shall delegate all or part of the administration of a program listed under Section 302.021 that is eligible for block grant funding under Section 302.062 to a...



The director shall design and implement a state-local planning process for workforce training and services provided through the programs under the jurisdiction of the division. ...



The commission shall review the local plans developed under Section 2308.304, Government Code, and shall make recommendations to the council regarding the implementation of those plans. ...



(a) The division shall provide management and board development training for all members of local workforce development boards that includes information regarding client eligibility...



(a) The commission shall develop and implement a flexibility rating system for directives sent by the commission to local workforce development boards. A rating assigned to a directive under...



The commission shall adopt a detailed and understandable plan to be used by local workforce development boards in the implementation of the sanction process. The plan adopted under this...



(a) The commission shall adopt a plan to address the lack of service providers in specific local workforce development areas. (b) The plan adopted under this section must include provisions:...



Unless superseded by federal law, the commission may use an amount not to exceed 20 percent of the amount of funds available to the commission for workforce training and services to...



(a) Effective July 1, 1996, the commission shall provide to the local workforce development areas in which local workforce development boards have been certified and local plans approved by...




The commission shall develop objective criteria for the granting of waivers allowed under this chapter. ...



(a) The commission shall collaborate with local workforce development boards when determining the use of funds at the local level. (b) The commission shall develop funding guidelines...



(a) The purpose of this chapter is to remove administrative barriers that impede the response of public community and technical colleges, community-based organizations, and the Texas...



(a) The commission may review and recommend to the legislature the waiver of any requirements set forth in Title 3, Education Code, as they may apply to public community and technical...



(a) To achieve the purposes of this chapter, the skills development fund is created. The fund is composed of: (1) money transferred into the fund under Section 204.123; and (2)...



The Texas Higher Education Coordinating Board shall review all customized training programs biennially to verify that state funds are being used appropriately by public community and...



An employer may not apply both to a public community or technical college for customized training and assessment from the college through a grant issued to the college under the skills...



(a) In this section: (1) Employee means an individual who performs services for another under a contract of hire, whether express or implied, or oral or written. (2)...



(a) The commission, through a special assistance job counseling program, shall: (1) provide counseling for displaced homemakers; (2) assist displaced homemakers in obtaining training...



The commission shall use its personnel, services, facilities, and equipment to operate the job counseling program. ...



State agencies and political subdivisions of the state shall cooperate with the commission in obtaining suitable employment for displaced homemakers counseled by the commission. ...



(a) The commission shall provide written notice in English and in Spanish of eligibility for home ownership counseling under federal law to each worker residing in this state who is eligible...



The purpose of the Texas Career Opportunity Grant Program is to help ensure a qualified workforce to meet the needs of this state by reducing the financial barriers to postsecondary...



In this chapter: (1) Commission means the Texas Workforce Commission. (2) Coordinating board means the Texas Higher Education Coordinating Board. (3) Eligible...



(a) The commission may provide tuition assistance grants to Texas residents enrolled in a qualified education program at an eligible institution. (b) In selecting applicants to receive...



(a) The amount of a grant under this chapter may not exceed the lower of: (1) the maximum grant amount, if any, specified by the legislature in an appropriation act; or (2) the...



The commission shall approve a proprietary school for its students to participate in the grant program established under this chapter if the school: (1) has been accredited for not less...



For purposes of this chapter, a qualified education program is a postsecondary course of instruction in a specific career field that: (1) is at least one academic year in length as defined...



The commission in administering this chapter shall ensure compliance with Title VI, Civil Rights Act of 1964...


(a) To receive a grant under this chapter, a person must apply to the eligible institution in which the person enrolls in the manner provided by commission rule. (b) To be eligible to...



(a) On receipt of an enrollment report for a student awarded a grant under this chapter and certification of the amount of the student's financial need from the approved institution,...



(a) The commission may adopt reasonable rules to administer and enforce this chapter. (b) The commission shall distribute a copy of the rules to each eligible institution. ...



The commission shall prepare and deliver to the legislature an annual report regarding the grant program established under this chapter. The report shall include for the period covered by...



(a) The commission may award grants under this chapter for the 2001-2002 academic year only to a person attending the person's first academic year at an eligible institution. (b)...



In this chapter: (1) Department means the Texas Department of Criminal Justice. (2) Institutional division means the institutional division of the department. (3)...



The department, the Texas Youth Commission, and the commission shall cooperate to maximize the effectiveness of Project RIO. For that purpose, the commission shall administer the project. ...



(a) The department, the commission, and the Texas Youth Commission shall each adopt a memorandum of understanding that establishes the respective responsibilities of each agency and of...



(a) The memorandum of understanding between the department and the commission must establish the role of: (1) the institutional division and the state jail division in ascertaining...



(a) The executive director shall designate the director of Project RIO to coordinate the efforts of the affected state agencies and expedite the delivery of services to participants in...



(a) To assist in the reintegration into the labor force of persons formerly sentenced to the institutional division or the state jail division, the commission through Project RIO shall provide:...



The commission is the agency of this state designated to cooperate with the United States Employment Service as necessary to perform the duties of this state under the Wagner-Peyser Act...


(a) To ensure the establishment and maintenance of public employment offices under this chapter, the executive director may enter into an agreement with any political subdivision of the state...



Money received by the state under the Wagner-Peyser Act...



It is the intent of the legislature that this chapter is enacted to enlist employers in a partnership with this state to assist recipients of public assistance in developing marketable work...



In this chapter: (1) Division means the division of workforce development of the commission. (2) Employer has the meaning assigned by Section 61.001. (3) JOBS...



(a) The Texans Work program is created as an integrated system of on-the-job training for certain persons who receive food stamps under the food stamp program administered under Chapter 33,...



(a) Each training course shall be designed by a local participating employer to meet the needs of that employer. The training course must instruct the trainee in a prearranged curriculum of...



(a) The commission shall adopt rules as necessary to implement the program, including establishing the criteria for determining which persons described by Section 308.003(a) may be required...



The Texas Department of Human Services shall provide to the commission and a local workforce development board information and technical assistance as necessary to implement the program. ...



(a) Each employer who participates in the program shall provide a work-training position for trainees under a contract entered into with the local workforce development board or with...



(a) Except as provided by Subsection (b), not more than 20 percent of an employer's workforce may consist of trainees under the program. (b) Subsection (a) does not apply to an employer...



(a) Each trainee who participates in the program shall work during the training course not less than the minimum number of hours required under applicable federal law for work participation...



(a) The Texas employment and training account is established as a special account in the general revenue fund. The account is composed of: (1) employer contributions paid under...



(a) The state shall pay to each trainee who demonstrates satisfactory participation in a training program approved under this chapter a monthly training stipend in the manner prescribed...



(a) The commission shall collect information and maintain records regarding: (1) the operation and outcome of the program; (2) impediments identified by the commission that affect...



In this chapter: (1) Community-based organization means a private nonprofit organization that is representative of a community or a significant segment of a community and...



(a) Subject to the availability of funds, the self-sufficiency fund is created as an account in the general revenue fund for use by public community and technical colleges,...



(a) A job-training program financed by the fund: (1) must be specifically designed to: (A) ensure that participants meet applicable state and federal work requirements;...



The commission shall adopt rules to implement this chapter, including rules to determine which recipients of financial assistance under Chapter 31, Human Resources Code, are eligible...



In this chapter: (1) Member means a member of the child-care resource and referral network that provides child-care resource and referral services in this state. (2)...



(a) The commission, through funds allocated to the commission as the agency designated to administer the grant under the Child Care and Development Block Grant Act of 1990...



(a) The network shall conduct a needs assessment to determine the supply of and demand for child-care services in this state and to identify discrepancies between that supply and demand....



The network, through its members, shall provide and continually update resource information regarding: (1) child-care and early childhood education services in this state; and...



(a) The network, through its members, shall provide referral services to: (1) a person who is seeking child-care and early childhood education services; and (2) an employer...



(a) The network, through its members, shall inform parents, child-care consumers, child-care providers, and employers located in the member's service area of: (1) the resource and...



(a) The network, through its members, shall: (1) collect and continuously update statewide data regarding the supply of and demand for child-care and early childhood education services in...



The commission may adopt rules necessary to implement this chapter. ...



In this chapter: (1) Agency means the Texas Education Agency. (2) Certified program means a career and technology secondary and postsecondary education program conducted under...



To be eligible for certification by the agency under this chapter, a program must: (1) be conducted under an organized, written plan embodying the terms and conditions of employment,...



(a) A certified program must be conducted under a signed written agreement between each participant and the employer. The agreement may include the following: (1) the name and signature...



(a) The agency and commission shall adopt rules as necessary to administer each entity's duties under this chapter. To the extent possible, the agency and commission shall cooperate with...



(a) The commission shall: (1) administer its responsibilities under this chapter as part of the commission's workforce development system; (2) cooperate with other state agencies...



This subtitle may be cited as the Texas Workers' Compensation Act. ...



The Texas Workers' Compensation Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is...



(a) The commission is subject to audit by the state auditor in accordance with Chapter 321, Government Code. The state auditor may audit the commission's: (1) structure and internal...



In this subtitle: (1) Adjuster means a person licensed under Chapter 407, Acts of the 63rd Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance Code)....



(a) In this subtitle, employee means each person in the service of another under a contract of hire, whether express or implied, or oral or written. (b) The term employee includes:...



(a) In this subtitle, intoxication means the state of: (1) having an alcohol concentration to qualify as intoxicated under Section 49.01(2), Penal Code; or (2) not having the...



Except as otherwise provided by this subtitle: (1) a proceeding, hearing, judicial review, or enforcement of a commission order, decision, or rule is governed by the following...



(a) This subtitle may not be applied to discriminate because of race, sex, national origin, or religion. (b) This section does not prohibit consideration of an anatomical difference...



(a) Interest or a discount under this subtitle shall be computed at the rate provided by this section. (b) The commission shall compute and publish the interest and discount rate...



(a) In this section, electronic transmission means the transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method....



(a) The Texas Workers' Compensation Commission is composed of six members appointed by the governor with the advice and consent of the senate. (b) Appointments to the commission shall be...



(a) Before a member of the commission may assume the member's duties, the member must complete the training program established under this section. (b) A training program established...



(a) Members of the commission hold office for staggered six-year terms, with the terms of one member representing employers and one member representing wage earners expiring on February 1 of...



A person may not serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code,...



(a) The commission may take action only by a majority vote of its membership. (b) Decisions regarding the employment of an executive director require the affirmative vote of at least...



(a) It is a ground for removal from the commission if a member: (1) does not have at the time of appointment the qualifications required for appointment to the commission; (2)...



(a) A member or employee of the commission may not accept a gift, gratuity, or entertainment from a person having an interest in a matter or proceeding pending before the commission. (b)...



The commission shall meet at least once in each calendar quarter and may meet at other times at the call of the chairman or as provided by the rules of the commission. ...



(a) The governor shall designate a member of the commission as the chairman of the commission to serve in that capacity for a two-year term expiring February 1 of each odd-numbered year....



(a) An employer may not terminate the employment of an employee who is appointed as a member of the commission because of the exercise by the employee of duties required as a commission member....



A member of the commission is not liable in a civil action for an act performed in good faith in the execution of duties as a commission member. ...



(a) A member of the commission is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the commission. Reimbursement under this...



(a) An officer, employee, or paid consultant of a Texas trade association whose members provide services subject to regulation by the commission or provide services whose fees are subject...



(a) The commission shall have: (1) a division of workers' health and safety; (2) a division of medical review; (3) a division of compliance and practices; and (4) a division...



(a) The executive director shall prepare information of public interest describing the functions of the commission and the procedures by which complaints are filed with and resolved by...



(a) The executive director shall keep an information file about each written complaint filed with the commission that is unrelated to a specific workers' compensation claim. The information...



(a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on issues under the general...



The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. ...



(a) The executive director is the executive officer and administrative head of the commission. The executive director exercises all rights, powers, and duties imposed or conferred by law on...



(a) The executive director shall conduct the day-to-day operations of the commission in accordance with policies established by the commission and otherwise implement commission policy....



The executive director shall employ and supervise: (1) one person representing wage earners permanently assigned to act as administrative assistant to the members of the commission...



(a) The executive director shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the commission. The program...



(a) The executive director shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions...



The commission shall adopt rules as necessary for the implementation and enforcement of this subtitle. ...



(a) The commission may accept gifts, grants, or donations as provided by rules adopted by the commission. (b) Notwithstanding Chapter 575, Government Code, the commission may accept a...



The commission shall appoint the executive director of the commission. ...



In addition to fees established by this subtitle, the commission shall set reasonable fees for services provided to persons requesting services from the commission, including services...



The commission may employ counsel to represent the commission in any legal action the commission is authorized to initiate. ...



(a) The commission shall consider and recommend to the legislature changes to this subtitle. (b) The commission shall forward the recommended changes to the legislature not later...



The legislature may adopt requirements relating to legislative oversight of the commission and the workers' compensation system of this state. The commission shall comply with any...



The commission may appoint advisory committees as it considers necessary. ...



Except as expressly provided by this subchapter, the commission may not delegate rights and duties imposed on it by this subchapter. ...



The executive director shall provide to members of the commission and commission employees, as often as necessary, information regarding their: (1) qualifications for office or...



(a) The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. (b)...



(a) The commission shall establish qualifications for a representative and shall adopt rules establishing procedures for authorization of representatives. (b) A representative may receive...



Only the commission may impose: (1) a sanction that deprives a person of the right to practice before the commission or of the right to receive remuneration under this subtitle for...



(a) The commission and the chief administrative law judge of the State Office of Administrative Hearings by rule shall adopt a memorandum of understanding governing administrative procedure...



(a) The executive director is the custodian of the commission's records and shall perform the duties of a custodian required by law, including providing copies and the certification of records....



The commission shall maintain information on every compensable injury as to the: (1) race, ethnicity, and sex of the claimant; (2) classification of the injury; (3) amount of...



(a) Information in or derived from a claim file regarding an employee is confidential and may not be disclosed by the commission except as provided by this subtitle. (b)...



(a) The commission shall perform and release a record check on an employee, including current or prior injury information, to the parties listed in Subsection (b) if: (1) the claim is:...



(a) The commission shall release information on a claim to: (1) the Texas Department of Insurance for any statutory or regulatory purpose; (2) a legislative committee for...




(a) Information relating to a claim that is confidential under this subtitle remains confidential when released to any person, except when used in court for the purposes of an appeal....



(a) A prospective employer who has workers' compensation insurance coverage and who complies with this subchapter is entitled to obtain information on the prior injuries of an applicant...



(a) On receipt of a valid request made under and complying with Section 402.087, the commission shall review its records. (b) If the commission finds that the applicant has made two or...



(a) An employer who receives information by telephone from the commission under Section 402.088 and who fails to file the necessary authorization in accordance with Section 402.087 commits a...



The commission, the research center, or any other governmental agency may prepare and release statistical information if the identity of an employee is not explicitly or implicitly disclosed. ...



(a) A person commits an offense if the person knowingly, intentionally, or recklessly publishes, discloses, or distributes information that is confidential under this subchapter to a person...



(a) Information maintained in the investigation files of the commission is confidential and may not be disclosed except: (1) in a criminal proceeding; (2) in a hearing conducted by...



(a) Each insurance carrier, other than a governmental entity, shall pay an annual maintenance tax to pay the costs of administering this subtitle and to support the prosecution of...



(a) The commission shall set and certify to the comptroller the rate of maintenance tax assessment not later than October 31 of each year, taking into account: (1) any expenditure...



The insurance commissioner or the executive director of the commission immediately shall proceed to collect taxes due under this chapter from an insurance carrier that withdraws from business...



(a) If the tax rate set by the commission for a year does not produce sufficient revenue to make all expenditures authorized by legislative appropriation, the deficit shall be paid from...



(a) The subsequent injury fund is a special fund in the state treasury. (b) The subsequent injury fund is liable for: (1) the payment of compensation as provided by Section 408.162;...



(a) If a compensable death occurs and no legal beneficiary survives or a claim for death benefits is not timely made, the insurance carrier shall pay to the commission for deposit to the credit...



In this chapter: (1) Board means the board of directors of the Research and Oversight Council on Workers' Compensation. (2) Council means the Research and Oversight Council...



The Research and Oversight Council on Workers' Compensation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council...



(a) The Research and Oversight Council on Workers' Compensation is an advisory body to the commission. The council shall be operated in a manner that ensures that its research, findings,...



(a) The council is funded through the assessment of a maintenance tax collected annually from all insurance carriers except governmental entities. (b) The commission shall set the rate of...



(a) The council is governed by a board of directors, composed of: (1) three senators, appointed by the lieutenant governor; (2) three members of the house of representatives,...



A person may not act as the general counsel to the board or the council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's...



(a) A person appointed to the board serves at the will of the appointing state officer or agency. (b) If a vacancy occurs on the board, the appointing officer or agency shall appoint...



(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required by Section 404.004(a); (2) does not maintain...



(a) The council shall have a chairman and vice chairman as presiding officers, who shall serve in that capacity for a period of two years. The lieutenant governor and the speaker of the house...



(a) The board shall: (1) approve the operating budget of the council; (2) adopt rules for the operations of the board and the council; (3) conduct professional studies and...



(a) The board shall employ an executive director, who shall administer the council in accordance with board policies. The executive director serves at the pleasure of the board. (b)...



(a) The executive director annually shall prepare a research agenda for board review and approval. (b) The board shall publish annually in the Texas Register a proposed research agenda...



(a) The council shall prepare information of public interest describing the functions of the council and the procedures by which complaints are filed with and resolved by the council. The...



(a) The council shall keep information about each written complaint filed with the council. The information shall include: (1) the date the complaint is received; (2) the name of...



(a) As required to fulfill the objectives of the council, the council is entitled to access to the files and records of: (1) the commission; (2) the Texas Workforce Commission;...



In this subchapter, employer means a person who employs one or more employees. ...



(a) Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. (b) An employer who elects to obtain coverage...



An employer may obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance as provided by this subtitle. ...



(a) An employer who does not obtain workers' compensation insurance coverage shall notify the commission in writing, in the time and as prescribed by commission rule, that the employer elects...



(a) An employer shall notify each employee as provided by this section whether or not the employer has workers' compensation insurance coverage. (b) The employer shall notify a new...



(a) An insurance company from which an employer has obtained workers' compensation insurance coverage, a certified self-insurer, and a political subdivision shall file notice of the coverage...



(a) An employer who terminates workers' compensation insurance coverage obtained under this subtitle shall file a written notice with the commission by certified mail not later than the 10th...



(a) An insurance company that cancels a policy of workers' compensation insurance or that does not renew the policy by the anniversary date of the policy shall deliver notice of the...



(a) The commission shall collect and maintain the information required under this subchapter and shall monitor compliance with the requirements of this subchapter. (b) The commission...



(a) An insurance carrier shall provide claims service: (1) through offices of the insurance carrier located in this state; or (2) by other resident representatives with full power to...



(a) The commission by rule may require an insurance carrier to designate a representative in Austin to act as the insurance carrier's agent before the commission in Austin. Notice to...



The commission shall enforce the administrative penalties established under this subchapter in accordance with Chapter 415. ...



(a) An insurance carrier is liable for compensation for an employee's injury without regard to fault or negligence if: (1) at the time of injury, the employee is subject to this subtitle;...



An insurance carrier is not liable for compensation if: (1) the injury: (A) occurred while the employee was in a state of intoxication; (B) was caused by the employee's...



(a) In an action against an employer who does not have workers' compensation insurance coverage to recover damages for personal injuries or death sustained by an employee in the course and...



(a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's right of action at common law or under...



Except as provided by this subtitle, an agreement by an employee to waive the employee's right to compensation is void. ...



(a) An insurance company may contract to secure an employer's liability and obligations and to pay compensation by issuing a workers' compensation insurance policy under this subchapter....



(a) A contract entered into to indemnify an employer from loss or damage resulting from an injury sustained by an employee that is compensable under this subtitle is void unless the contract...



The Texas Department of Insurance shall coordinate with the appropriate agencies of other states to: (1) share information regarding an employer who obtains all states coverage; and...



(a) An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies under this subtitle if: (1) the injury would...



The principal location of a person's employment is where: (1) the employer has a place of business at or from which the employee regularly works; or (2) the employee resides...



(a) An employee whose work requires regular travel between this state and at least one other jurisdiction may agree in writing with the employer on the principal location of the employment....



(a) The executive director may enter into an agreement with an appropriate agency of another jurisdiction with respect to: (1) conflicts of jurisdiction; (2) assumption of...



(a) An injured employee who elects to pursue the employee's remedy under the workers' compensation laws of another jurisdiction and who recovers benefits under those laws may not recover...



(a) The following employees are not subject to this subtitle: (1) a person employed as a domestic worker or a casual worker engaged in employment incidental to a personal residence;...



(a) A resident or nonresident alien employee or legal beneficiary is entitled to compensation under this subtitle. (b) A nonresident alien employee or legal beneficiary, at the election...



(a) The guardian of an injured employee who is a minor or is otherwise legally incompetent may exercise on the employee's behalf the rights and privileges granted to the employee under...



(a) An employer who elects to provide workers' compensation insurance coverage may include in the coverage a real estate salesman or broker who is: (1) licensed under The Real Estate...



(a) A professional athlete employed under a contract for hire or a collective bargaining agreement who is entitled to benefits for medical care and weekly benefits that are equal to or...



(a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation...



(a) A sole proprietor, partner, or corporate executive officer of a business entity that elects to provide workers' compensation insurance coverage is entitled to benefits under that coverage...



(a) An emergency service organization which is not a political subdivision or which is separate from any political subdivision may elect to obtain workers' compensation insurance coverage for...



In this subchapter: (1) General contractor means a person who undertakes to procure the performance of work or a service, either separately or through the use of subcontractors....



(a) For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who is an employer under this subtitle...



(a) A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage to the subcontractor and...



If a person who has workers' compensation insurance coverage subcontracts all or part of the work to be performed by the person to a subcontractor with the intent to avoid liability as an...



This subchapter does not prevent a general contractor from directing a subcontractor or the employees of a subcontractor to stop or change an unsafe work practice. ...



This subchapter does not apply to farm or ranch employees. ...



An insurance company may not demand an insurance premium from an employer for coverage of an independent contractor or an employee of an independent contractor if the independent contractor...



In this subchapter: (1) Hiring contractor means a general contractor or subcontractor who, in the course of regular business, subcontracts all or part of the work to be performed...



This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing: (1) a residential structure; (2)...



(a) Unless the independent contractor and hiring contractor enter into an agreement under Section 406.144, the independent contractor is responsible for any workers' compensation...



(a) Except as provided by this section, a hiring contractor is not responsible for providing workers' compensation insurance coverage for an independent contractor or the independent...



(a) A hiring contractor and an independent subcontractor may make a joint agreement declaring that the subcontractor is an independent contractor as defined in Section 406.141(2) and that...



(a) A hiring contractor may not: (1) wrongfully induce an employee to enter into a joint agreement under Section 406.145 stating that the employee is an independent contractor; or...



In this subchapter: (1) Agricultural labor means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state. (2)...



(a) This subtitle applies to an action to recover damages for personal injuries or death sustained by a farm or ranch employee who is: (1) a migrant worker; (2) a seasonal worker:...



(a) A labor agent who furnishes a migrant or seasonal worker is liable under this subtitle as if the labor agent were the employer of the worker, without regard to the right of control or...



(a) A person who purchases a workers' compensation insurance policy covering farm or ranch employees may cover the person, a partner, a corporate officer, or a family member in that policy....



(a) A farm or ranch employee who performs work or provides a service for a farm or ranch employer subject to this subchapter is an employee of that employer unless the employee is hired to...



In this chapter: (1) Association means the Texas Certified Self-Insurer Guaranty Association. (2) Director means the director of the division of self-insurance regulation....



The division of self-insurance regulation is a division of the commission. ...



(a) The executive director of the commission shall appoint the director of the division. (b) The director shall exercise all the rights, powers, and duties imposed or conferred on...



(a) The commission, by majority vote, shall: (1) approve or deny a recommendation by the director concerning the issuance or revocation of a certificate of authority to self-insure;...



(a) A claim or suit brought by a claimant or a certified self-insurer shall be styled in re: [name of employee] and [name of certified self-insurer]. (b) The director is the agent...



(a) An employer who desires to self-insure under this chapter must submit an application to the commission for a certificate of authority to self-insure. (b) The application must be:...



With the approval of the Texas Certified Self-Insurer Guaranty Association, and by majority vote, the commission shall issue a certificate of authority to self-insure to an applicant who meets...



(a) If the commission determines that an applicant for a certificate of authority to self-insure does not meet the certification requirements, the commission shall notify the applicant in...



(a) A certificate of authority to self-insure is valid for one year after the date of issuance and may be renewed under procedures prescribed by the commission. (b) The director may...



(a) A certified self-insurer may withdraw from self-insurance at any time with the approval of the commission. The commission shall approve the withdrawal if the certified self-insurer shows...



(a) The commission by majority vote may revoke the certificate of authority to self-insure of a certified self-insurer who fails to comply with requirements or conditions established by...



(a) A certified self-insurer whose certificate of authority to self-insure is revoked is not relieved of the obligation for compensation to an employee for an accidental injury or...



(a) To be eligible for a certificate of authority to self-insure, an applicant for an initial or renewal certificate must present evidence satisfactory to the commission and the association...



In assessing the financial strength and liquidity of an applicant, the commission shall consider: (1) the applicant's organizational structure and management background; (2)...



(a) In addition to meeting the other certification requirements imposed under this chapter, an applicant for an initial certificate of authority to self-insure must present evidence...



(a) Each applicant shall provide security for incurred liabilities for compensation through a deposit with the director, in a combination and from institutions approved by the director, of...



(a) A security deposit must include within its coverage all amounts covered by terminated surety bonds or terminated excess insurance policies. (b) A surety bond, irrevocable letter...



(a) The director, after notice to the concerned parties and an opportunity for a hearing, shall resolve a dispute concerning the deposit, renewal, termination, release, or return of all or part...



(a) Each applicant shall obtain excess insurance or reinsurance to cover liability for losses not paid by the self-insurer in an amount not less than the amount required by the director....



If an applicant for a certificate of authority to self-insure is a subsidiary, the parent organization of the applicant must guarantee the obligations imposed by this chapter. ...



(a) Each certified self-insurer shall file an annual report with the commission. The commission shall prescribe the form of the report and shall furnish blank forms for the preparation of...



(a) Each certified self-insurer shall maintain the books, records, and payroll information necessary to compile the annual report required under Section 407.081 and any other...



This chapter does not prohibit a certified self-insurer from paying a commission to an insurance agent licensed in this state. ...



(a) The workers' compensation self-insurance fund is a fund in the state treasury. The fund may be used only for the regulation of certified self-insurers. (b) The commission shall...



(a) Each certified self-insurer shall pay an annual fee to cover the administrative costs incurred by the commission in implementing this chapter. (b) The commission shall base the fee on...



(a) Each certified self-insurer shall pay a self-insurer maintenance tax for the administration of the commission and to support the prosecution of workers' compensation insurance fraud in...



(a) The regulatory fee imposed by Section 407.102 and the taxes imposed by Section 407.103 are due on the 60th day after the issuance of a certificate of authority to self-insure and on the...



(a) The Texas Certified Self-Insurer Guaranty Association provides for the payment of workers' compensation insurance benefits for the injured employees of an impaired employer. (b)...



(a) The members of the association shall elect a board of directors. (b) The board of directors is composed of the following voting members: (1) three certified self-insurers;...



(a) The board of directors may adopt rules for the operation of the association. (b) Rules adopted by the board are subject to the approval of the commission. ...



(a) On determination by the commission that a certified self-insurer has become an impaired employer, the director shall secure release of the security deposit required by this chapter and...



Each certified self-insurer shall pay the amount of its assessment to the association not later than the 30th day after the date on which the division notifies the self-insurer of the...



(a) Each member of the association shall be assessed a fee, based on total amount of income benefits payments made in this state for the preceding reported calendar year, to create, over a...



(a) If the commission determines that the payment of benefits and claims administration shall be made through the association, the association assumes the workers' compensation obligations of...



On the assumption of obligations by the association under the director's determination, the association is entitled to immediate possession of any deposited security, and the custodian, surety,...



Information on a workers' compensation claim may be released to the association as provided by Section 402.084(a), if the association has assumed the obligations of an impaired employer. ...



(a) The association is a party in interest in a proceeding involving a workers' compensation claim against an impaired employer whose compensation obligations have been paid or assumed by...



The benefit payments made by the association or the surety under this chapter are entitled to the same preference over other debts of the impaired employer or the impaired employer's estate...



Funds advanced by the association under this subchapter do not become assets of the impaired employer but are a special fund advanced to the director, trustee in bankruptcy, receiver, or...



(a) The commission, after notice and hearing and by majority vote, may suspend or revoke the certificate of authority to self-insure of a certified self-insurer who fails to pay an assessment....



(a) Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent...



A right of action survives in a case based on a compensable injury that results in the employee's death. ...



(a) After an injury, an employer may: (1) initiate benefit payments, including medical benefits; or (2) on the written request or agreement of the employee, supplement income...



(a) The commission may require an employee to submit to medical examinations to resolve any question about: (1) the appropriateness of the health care received by the employee; or...



(a) At the request of an insurance carrier or an employee, the commission shall order a medical examination to resolve any question about: (1) the impairment caused by the compensable...



(a) A settlement may not provide for payment of benefits in a lump sum except as provided by Section 408.128. (b) An employee's right to medical benefits as provided by Section 408.021...



(a) It is the express intent of the legislature that nothing in this subtitle shall be construed to limit or expand recovery in cases of mental trauma injuries. (b) A mental or...



For purposes of this subtitle, the date of injury for an occupational disease is the date on which the employee knew or should have known that the disease may be related to the employment. ...



A heart attack is a compensable injury under this subtitle only if: (1) the attack can be identified as: (A) occurring at a definite time and place; and (B) caused by a...



(a) An employee who sustains a compensable injury is entitled to all health care reasonably required by the nature of the injury as and when needed. The employee is specifically entitled to...



(a) Except in an emergency, the commission shall require an employee to receive medical treatment from a doctor chosen from a list of doctors approved by the commission. A doctor may perform...



(a) The commission shall develop a list of doctors licensed in this state who are approved to provide health care services under this subtitle. Each doctor licensed in this state on September...



Except as otherwise provided, and after notice and an opportunity for hearing, the commission may relieve an insurance carrier of liability for health care that is furnished by a health...



(a) The commission by rule shall adopt requirements for reports and records that are required to be filed with the commission or provided to the injured employee, the employee's attorney, or...



Except in a medical emergency, an insurance carrier is liable for medical costs related to spinal surgery only as provided by Section 413.014 and commission rules. ...



(a) An insurance carrier shall pay the fee allowed under Section 413.011 for a service rendered by a health care provider not later than the 45th day after the date the insurance carrier...



(a) A physician providing care to an employee under this subchapter shall prescribe for the employee any necessary prescription drugs, and order over-the-counter alternatives to...



An insurance carrier may not refuse to reimburse a health care practitioner solely because that practitioner is a nurse first assistant, as defined by Section 301.1525, Occupations Code, for...



(a) Except as otherwise provided by this subtitle, the average weekly wage of an employee who has worked for the employer for at least the 13 consecutive weeks immediately preceding an injury...



(a) The average weekly wage of a part-time employee who limits the employee's work to less than a full-time workweek as a regular course of that employee's conduct is computed as provided...



(a) For determining the amount of temporary income benefits of a seasonal employee, the average weekly wage of the employee is computed as provided by Section 408.041 and is adjusted as often...



(a) For computing impairment income benefits, supplemental income benefits, lifetime income benefits, or death benefits, the average weekly wage of an employee shall be adjusted to reflect...



For purposes of computing income benefits or death benefits under Section 431.104, Government Code, the average weekly wage of a member of the state military forces as defined by Section...



(a) For determining the amount of temporary income benefits of a school district employee under Chapter 504, the average weekly wage is computed on the basis of wages earned in a week rather...



The commission may not include nonpecuniary wages in computing an employee's average weekly wage during a period in which the employer continues to provide the nonpecuniary wages. ...



For purposes of this subchapter and Subchapter D, the determination as to whether employees, services, or employment are the same or similar must include consideration of: (1) the...



The state average weekly wage equals the annual average of the average weekly wage of manufacturing production workers in this state, as determined by the Texas Employment Commission. ...



(a) A weekly temporary income benefit may not exceed 100 percent of the state average weekly wage under Section 408.047 rounded to the nearest whole dollar. (b) A weekly impairment...



(a) The minimum weekly income benefit is 15 percent of the state average weekly wage as determined under Section 408.047, rounded to the nearest whole dollar. (b) The commission shall...



(a) To expedite the payment of income benefits, the commission may by rule establish reasonable presumptions relating to the wages earned by an employee, including the presumption that...



(a) An order to pay income or death benefits accrued but unpaid must include interest on the amount of compensation due at the rate provided by Section 401.023. (b) Accrued but...



(a) An employee is entitled to income benefits as provided in this chapter. (b) Except as otherwise provided by this section or this subtitle, income benefits shall be paid weekly as and...



(a) Income benefits may not be paid under this subtitle for an injury that does not result in disability for at least one week. (b) If the disability continues for longer than one...



(a) Except as provided by Subsection (b), an employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration of...



(a) At the request of the insurance carrier, the commission may order that impairment income benefits and supplemental income benefits be reduced in a proportion equal to the proportion of...



(a) If there is a likelihood that income benefits will be paid, the commission may grant an employee suffering financial hardship advances as provided by this subtitle against the amount of...



(a) During the period that impairment income benefits or supplemental income benefits are being paid to an employee, the commission shall determine at least annually whether any...



(a) An employee is entitled to temporary income benefits if the employee has a disability and has not attained maximum medical improvement. (b) On the initiation of compensation as...



(a) Temporary income benefits continue until the employee reaches maximum medical improvement. (b) The commission by rule shall establish a presumption that maximum medical improvement...



(a) Subject to Sections 408.061 and 408.062, the amount of a temporary income benefit is equal to: (1) 70 percent of the amount computed by subtracting the employee's weekly earnings...



(a) On application by either the employee or the insurance carrier, the commission by order may extend the 104-week period described by Section 401.011(30)(B) if the employee has had...



(a) In lieu of payment of temporary income benefits under this subchapter, an employer may continue to pay the salary of an employee who sustains a compensable injury under a...



(a) An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the earlier of: (1) the date...



(a) A claimant may not recover impairment income benefits unless evidence of impairment based on an objective clinical or laboratory finding exists. If the finding of impairment is made by...



(a) After an employee has been certified by a doctor as having reached maximum medical improvement, the certifying doctor shall evaluate the condition of the employee and assign an...



(a) An award of an impairment income benefit, whether by the commission or a court, shall be made on an impairment rating determined using the impairment rating guidelines described in...



(a) If an impairment rating is disputed, the commission shall direct the employee to the next available doctor on the commission's list of designated doctors, as provided by Section 408.0041....



Subject to Sections 408.061 and 408.062, an impairment income benefit is equal to 70 percent of the employee's average weekly wage. ...



(a) An insurance carrier shall reduce impairment income benefits to an employee by an amount equal to employer payments made under Section 408.003 that are not reimbursed or reimbursable...



(a) An employee may elect to commute the remainder of the impairment income benefits to which the employee is entitled if the employee has returned to work for at least three months, earning...



(a) On approval by the commission of a written request received from an employee, an insurance carrier shall accelerate the payment of impairment income benefits to the employee. The...



An award of a supplemental income benefit, whether by the commission or a court, shall be made in accordance with this subchapter. ...



(a) An employee is entitled to supplemental income benefits if on the expiration of the impairment income benefit period computed under Section 408.121(a)(1) the employee: (1) has...



(a) After the commission's initial determination of supplemental income benefits, the employee must file a statement with the insurance carrier stating: (1) that the employee has earned...



(a) Supplemental income benefits are calculated quarterly and paid monthly. (b) Subject to Section 408.061, the amount of a supplemental income benefit for a week is equal to 80 percent...



An insurance carrier shall pay supplemental income benefits beginning not later than the seventh day after the expiration date of the employee's impairment income benefit period and shall...



(a) If an employee earns wages that are at least 80 percent of the employee's average weekly wage for at least 90 days during a time that the employee receives supplemental income benefits,...



(a) An insurance carrier may request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income benefits. (b) If...



The commission may reinstate supplemental income benefits to an employee who is discharged within 12 months of the date of losing entitlement to supplemental income benefits under...



(a) Not more than once in each period of 12 calendar months, an employee and an insurance carrier each may request the commission to review the status of the employee and determine whether...



(a) The commission shall refer an employee to the Texas Rehabilitation Commission with a recommendation for appropriate services if the commission determines that an employee entitled...



(a) On or after the second anniversary of the date the commission makes the initial award of supplemental income benefits, an insurance carrier may not require an employee who is...



(a) Lifetime income benefits are paid until the death of the employee for: (1) total and permanent loss of sight in both eyes; (2) loss of both feet at or above the ankle; (3)...



(a) If a subsequent compensable injury, with the effects of a previous injury, results in a condition for which the injured employee is entitled to lifetime income benefits, the insurance...



(a) An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death. (b) Subject to Section 408.061, the amount of a...



(a) If there is an eligible child or grandchild and an eligible spouse, half of the death benefits shall be paid to the eligible spouse and half shall be paid in equal shares to the...



(a) Entitlement to death benefits begins on the day after the date of an employee's death. (b) An eligible spouse is entitled to receive death benefits for life or until remarriage....



(a) If a legal beneficiary dies or otherwise becomes ineligible for death benefits, benefits shall be redistributed to the remaining legal beneficiaries as provided by Sections 408.182...



On settlement of a case in which the insurance carrier admits liability for death benefits but a dispute exists as to the proper beneficiary or beneficiaries, the settlement shall be paid...



(a) If the death of an employee results from a compensable injury, the insurance carrier shall pay to the person who incurred liability for the costs of burial the lesser of: (1) the...



(a) If in a claim for death benefits based on an occupational disease an autopsy is necessary to determine the cause of death, the commission may, after opportunity for hearing, order the...



Benefits are exempt from: (1) garnishment; (2) attachment; (3) judgment; and (4) other actions or claims. ...



Benefits are not assignable, except a legal beneficiary may, with commission approval, assign the right to death benefits. ...



(a) An income or death benefit is subject only to the following lien or claim, to the extent the benefit is unpaid on the date the insurance carrier receives written notice of the lien or...



(a) An attorney's fee, including a contingency fee, for representing a claimant before the commission or court under this subtitle must be approved by the commission or court. (b) Except...



(a) The amount of an attorney's fee for defending an insurance carrier in a workers' compensation action brought under this subtitle must be approved by the commission or court and determined...



 

 

(a) In this section: (1) Advisory committee means the Health Care Network Advisory Committee. (2) Regional network means a regional workers' compensation health care...



(a) An insurance carrier or a self-insurer certified to provide workers' compensation coverage in this state may elect to participate or not participate, by contract, in a regional...



(a) In this section, insurance carrier network means a voluntary workers' compensation health care delivery network established by an insurance carrier. The term does not include a...


(a) The executive director shall delete from the list of approved doctors a doctor: (1) who fails to register with the commission as provided by this chapter and commission rules;...



(a) An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury...



Failure to notify an employer as required by Section 409.001(a) relieves the employer and the employer's insurance carrier of liability under this subtitle unless: (1) the employer, a...



An employee or a person acting on the employee's behalf shall file with the commission a claim for compensation for an injury not later than one year after the date on which: (1) the...



Failure to file a claim for compensation with the commission as required under Section 409.003 relieves the employer and the employer's insurance carrier of liability under this subtitle unless:...



(a) An employer shall report to the employer's insurance carrier if: (1) an injury results in the absence of an employee of that employer from work for more than one day; or (2)...



(a) An employer shall maintain a record of each employee injury as reported by an employee or otherwise made known to the employer. (b) The record shall be available to the commission...



(a) A person must file a claim for death benefits with the commission not later than the first anniversary of the date of the employee's death. (b) Failure to file in the time required...



If an employer or the employer's insurance carrier has been given notice or has knowledge of an injury to or the death of an employee and the employer or insurance carrier fails, neglects,...



A person may file a written claim with the commission as a subclaimant if the person has: (1) provided compensation, including health care provided by a health care insurer, directly...



Immediately on receiving notice of an injury or death from any person, the commission shall mail to the employee or legal beneficiary a clear and concise description of: (1) the...



(a) Immediately on receiving notice of an injury or death from any person, the commission shall mail to the employer a description of: (1) the services provided by the commission;...



(a) The commission shall analyze each report of injury received from an employer under this chapter to determine whether the injured employee would be assisted by vocational rehabilitation....



(a) The commission shall develop information for public dissemination about the benefit process and the compensation procedures established under this chapter. The information must be written...



(a) An insurance carrier shall initiate compensation under this subtitle promptly. Not later than the seventh day after the date on which an insurance carrier receives written notice of an...



(a) An insurance carrier's notice of refusal to pay benefits under Section 409.021 must specify the grounds for the refusal. (b) The grounds for the refusal specified in the notice...



(a) An insurance carrier shall continue to pay benefits promptly as and when the benefits accrue without a final decision, order, or other action of the commission, except as otherwise provided....



(a) An insurance carrier shall offer employees entitled to the payment of benefits for a period of sufficient duration the option of receiving the payments by electronic funds transfer....



An insurance carrier is considered to have paid benefits in a timely manner if a payment: (1) is made by electronic funds transfer and is deposited in the employee's account on or...



(a) An insurance carrier shall file with the commission a notice of termination or reduction of benefits, including the reasons for the termination or reduction, not later than the 10th day...



(a) The commission shall maintain an ombudsman program as provided by this subchapter to assist injured workers and persons claiming death benefits in obtaining benefits under this subtitle....



(a) At least one specially qualified employee in each commission office shall be designated an ombudsman who shall perform the duties under this section as the person's primary responsibility....



(a) Each employer shall notify its employees of the ombudsman program in a manner prescribed by the commission. (b) An employer commits a violation if the employer fails to comply with...



The commission shall widely disseminate information about the ombudsman program. ...



In this chapter: (1) Director means the director of the division. (2) Division means the division of hearings. ...



A proceeding before the commission to determine the liability of an insurance carrier for compensation for an injury or death under this subtitle is governed by this chapter. ...



Except as otherwise provided by this chapter, Chapter 2001, Government Code does not apply to a proceeding under this chapter. ...



The division shall conduct benefit review conferences, contested case hearings, arbitration, and appeals within the commission related to workers' compensation claims. ...



(a) Unless the commission determines that good cause exists for the selection of a different location, a benefit review conference or a contested case hearing may not be conducted at a site...



(a) A claimant may be represented at a benefit review conference, a contested case hearing, or arbitration by an attorney or may be assisted by an individual of the claimant's choice who does...



A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to: (1) explain, orally and in writing, the rights of the respective parties to a...



(a) A benefit review officer shall conduct a benefit review conference. (b) A benefit review officer must: (1) be an employee of the commission; and (2) be trained in the...



On receipt of a request from a party or on its own motion, the commission may direct the parties to a disputed workers' compensation claim to meet in a benefit review conference to attempt...



(a) Except as otherwise provided by law or commission rule, the parties to a disputed compensation claim are not entitled to a contested case hearing or arbitration on the claim unless a...



(a) The commission by rule shall prescribe the time within which a benefit review conference must be scheduled. (b) At the time a benefit review conference is scheduled, the commission...



(a) A benefit review officer shall: (1) mediate disputes between the parties and assist in the adjustment of the claim consistent with this subtitle and the policies of the commission;...



(a) The commission shall adopt rules for conducting benefit review conferences. (b) A benefit review conference is not subject to common law or statutory rules of evidence or procedure. ...



(a) A scheduled benefit review conference shall be conducted even though a party fails to attend unless the benefit review officer determines that good cause exists to reschedule the conference....



(a) A dispute may be resolved either in whole or in part at a benefit review conference. (b) If the conference results in the resolution of some disputed issues by agreement or in...



(a) An agreement signed in accordance with Section 410.029 is binding on the insurance carrier through the conclusion of all matters relating to the claim, unless the commission or a court, on...



(a) If a dispute is not entirely resolved at a benefit review conference, the benefit review officer shall prepare a written report that details each issue that is not settled at the conference....



If a benefit review officer recommends that benefits be paid or not paid, the benefit review officer may issue an interlocutory order for the payment of all or part of medical benefits or...



(a) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the benefit review officer may issue an interlocutory...



(a) The benefit review officer shall file the signed agreement and the report with the director. (b) The commission by rule shall prescribe the times within which the agreement and...



The purpose of arbitration is to: (1) enter into formal, binding stipulations on issues on which the parties agree; (2) resolve issues on which the parties disagree; and...



(a) An arbitrator must be an employee of the commission, except that the commission may contract with qualified arbitrators on a determination of special need. (b) An arbitrator must:...



An arbitrator shall: (1) protect the interests of all parties; (2) ensure that all relevant evidence has been disclosed to the arbitrator and to all parties; and (3) render...



(a) If issues remain unresolved after a benefit review conference, the parties, by agreement, may elect to engage in arbitration in the manner provided by this subchapter. Arbitration may be...



(a) The commission shall establish regional lists of arbitrators who meet the qualifications prescribed under Sections 410.102(a) and (b). Each regional list shall be initially prepared in...



The commission shall assign the arbitrator for a particular case by selecting the next name after the previous case's selection in consecutive order. The commission may not change the order...



(a) The commission shall assign an arbitrator to a pending case not later than the 30th day after the date on which the election for arbitration is filed with the commission. (b) When...



(a) Each party is entitled, in its sole discretion, to one rejection of the arbitrator in each case. If a party rejects the arbitrator, the commission shall assign another arbitrator as...



(a) The arbitrator shall schedule arbitration to be held not later than the 30th day after the date of the arbitrator's assignment and shall notify the parties and the commission of the...



(a) A request by a party for a continuance of the arbitration to another date must be directed to the director. The director may grant a continuance only if the director determines, giving...



The commission shall adopt rules for arbitration consistent with generally recognized arbitration principles and procedures. ...



(a) Not later than the seventh day before the first day of arbitration, the parties shall exchange and file with the arbitrator: (1) all medical reports and other documentary evidence...



(a) Each party shall attend the arbitration prepared to set forth in detail its position on unresolved issues and the issues on which it is prepared to stipulate. (b) A party commits...



(a) The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by a party. (b) The commission shall make an electronic recording of...



(a) The parties may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to an understanding and determination of the dispute. (b)...



The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator. ...



A party and an arbitrator may not communicate outside the arbitration unless the communication is in writing with copies provided to all parties or relates to procedural matters. ...



(a) The arbitrator shall enter the arbitrator's award not later than the seventh day after the last day of arbitration. (b) The arbitrator shall base the award on the facts established...



(a) An arbitrator's award is final and binding on all parties. Except as provided by Section 410.121, there is no right to appeal. (b) An arbitrator's award is a final order of...



For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award. ...



(a) On application of an aggrieved party, a court of competent jurisdiction shall vacate an arbitrator's award on a finding that: (1) the award was procured by corruption, fraud,...



(a) If arbitration is not elected under Section 410.104, a party to a claim for which a benefit review conference is held or a party eligible to proceed directly to a contested case hearing...



(a) A hearing officer shall conduct a contested case hearing. (b) A hearing officer must be licensed to practice law in this state. ...



Chapter 2001, Government Code, applies to a contested case hearing to the extent that the commission finds appropriate, except that the following do not apply: (1) Section 2001.054;...



The commission shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b). ...



(a) A written request by a party for a continuance of a contested case hearing to another date must be directed to the commission. (b) The commission may grant a continuance only if...



(a) Each party shall attend a contested case hearing. (b) A party commits a violation if the party, without good cause as determined by the hearing officer, does not attend a contested...



The commission shall adopt rules governing procedures under which contested case hearings are conducted. ...



(a) Except as provided by Section 410.162, discovery is limited to: (1) depositions on written questions to any health care provider; (2) depositions of other witnesses as permitted...



(a) The commission by rule shall prescribe standard form sets of interrogatories to elicit information from claimants and insurance carriers. (b) Standard interrogatories shall be answered...



Within the time prescribed by commission rule, the parties shall exchange: (1) all medical reports and reports of expert witnesses who will be called to testify at the hearing;...



A party who fails to disclose information known to the party or documents that are in the party's possession, custody, or control at the time disclosure is required by Sections 410.158-410.160...



For good cause shown, a party may obtain permission from the hearing officer to conduct additional discovery as necessary. ...



(a) At a contested case hearing the hearing officer shall: (1) swear witnesses; (2) receive testimony; (3) allow examination and cross-examination of witnesses; (4)...



(a) The proceedings of a contested case hearing shall be recorded electronically. A party may request a transcript of the proceeding and shall pay the reasonable cost of the transcription....



(a) The hearing officer is the sole judge of the relevance and materiality of the evidence offered and of the weight and credibility to be given to the evidence. Conformity to legal rules...



A written stipulation or agreement of the parties that is filed in the record or an oral stipulation or agreement of the parties that is preserved in the record is final and binding. ...



A party and a hearing officer may not communicate outside the contested case hearing unless the communication is in writing with copies provided to all parties or relates to procedural matters. ...



(a) The hearing officer shall issue a written decision that includes: (1) findings of fact and conclusions of law; (2) a determination of whether benefits are due; and (3) an...



A decision of a hearing officer regarding benefits is final in the absence of a timely appeal by a party and is binding during the pendency of an appeal to the appeals panel. ...



(a) Appeals judges, in panels of three, shall conduct administrative appeals proceedings. (b) An appeals judge must be licensed to practice law in this state. (c) An appeals judge...



(a) To appeal the decision of a hearing officer, a party shall file a written request for appeal with the appeals panel not later than the 15th day after the date on which the decision of...



(a) An appeals panel shall consider: (1) the record developed at the contested case hearing; and (2) the written request for appeal and response filed with the appeals panel....



(a) An appeals panel shall issue a decision that determines each issue on which review was requested. The decision must be in writing and shall be issued not later than the 30th day after the...



(a) A decision of an appeals panel regarding benefits is final in the absence of a timely appeal for judicial review. (b) The decision of the appeals panel regarding benefits is...



The executive director may revise a decision in a contested case hearing on a finding of clerical error. ...



During judicial review of an appeals panel decision on any disputed issue relating to a workers' compensation claim, the commission retains jurisdiction of all other issues related to the claim. ...



(a) If an insurance carrier refuses or fails to comply with a final order or decision of the commission, the claimant may bring suit in the county of the claimant's residence or the county...



The subsequent injury fund shall reimburse an insurance carrier for any overpayments of benefits made under an interlocutory order or decision if that order or decision is reversed or modified...



A party that has exhausted its administrative remedies under this subtitle and that is aggrieved by a final decision of the appeals panel may seek judicial review under this subchapter...



(a) A party may seek judicial review by filing suit not later than the 40th day after the date on which the decision of the appeals panel was filed with the division. (b) The party...



A copy of the petition shall be simultaneously filed with the court and the commission and served on any opposing party. ...



On timely motion initiated by the executive director, the commission shall be permitted to intervene in any judicial proceeding under this subchapter or Subchapter G. ...



(a) For all issues other than those covered under Section 410.301(a), judicial review shall be conducted in the manner provided for judicial review of a contested case under Subchapter G,...



(a) A claim or issue may not be settled contrary to the provisions of an appeals panel decision issued on the claim or issue unless a party to the proceeding has filed for judicial review...



(a) A judgment entered by a court on judicial review of an appeals panel decision under this subchapter or Subchapter G must comply with all appropriate provisions of the law. (b) A...



(a) The party who initiated a proceeding under this subchapter or Subchapter G must file any proposed judgment or settlement made by the parties to the proceeding, including a proposed...



(a) Judicial review of a final decision of a commission appeals panel regarding compensability or eligibility for or the amount of income or death benefits shall be conducted as provided by...



A trial under this subchapter is limited to issues decided by the commission appeals panel and on which judicial review is sought. The pleadings must specifically set forth the determinations...



The party appealing the decision on an issue described in Section 410.301(a) has the burden of proof by a preponderance of the evidence. ...



(a) In a jury trial, the court, before submitting the case to the jury, shall inform the jury in the court's instructions, charge, or questions to the jury of the commission appeals panel...



(a) To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure or any other rules adopted by the supreme court, this subchapter controls. (b) Notwithstanding...



(a) Evidence shall be adduced as in other civil trials. (b) The commission on payment of a reasonable fee shall make available to the parties a certified copy of the commission's record....



(a) Evidence of the extent of impairment is not limited to that presented to the commission if the court, after a hearing, finds that there is a substantial change of condition. The...



(a) The commission or the Texas Department of Insurance shall furnish any interested party in the claim with a certified copy of the notice of the employer securing compensation with the...



In this chapter: (1) Division means the division of workers' health and safety of the commission. (2) Employer means a person who makes a contract of hire. ...



(a) An employer who obtains workers' compensation insurance coverage is subject to this chapter. (b) An employer is subject to this chapter if the employer: (1) is not required to...



(a) An insurance company, the agent, servant, or employee of the insurance company, or a safety consultant who performs a safety consultation under Subchapter D or E has no liability for...



Except as specifically provided by Subchapter F, this chapter does not create an independent cause of action at law or in equity. This chapter provides the sole remedy for violation of...



The division shall coordinate and enforce the implementation of state laws and rules relating to workers' health and safety issues. ...



(a) The division shall collect and serve as a repository for statistical information on workers' health and safety. The division shall analyze and use that information to: (1) identify...



With the approval of the commission, the division may: (1) enter into contracts with the federal government to perform occupational safety projects; and (2) apply for federal...



(a) The division shall promote workers' health and safety through educational and other innovative programs developed by the division. (b) The division shall cooperate with other entities...



(a) The division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. (b) Specific...



The division shall certify safe employers to provide peer review safety programs. ...



The division shall advise insurance carrier loss control service organizations of safety needs and priorities developed by the division and of: (1) hazard classifications, specific...



In accordance with Section 7(c), Occupational Safety and Health Act of 1970...



(a) The division shall maintain a job safety information system. (b) The division shall obtain from any state agency, including the Texas Department of Insurance, the Texas Department...



(a) An employer shall file with the commission a report of each: (1) on-the-job injury that results in the employee's absence from work for more than one day; and (2)...



The job safety information system must include a comprehensive data base that incorporates all pertinent information relating to each injury reported under Section 411.032, including: (1)...



(a) The identity of an employee in a report filed under Section 411.032 is confidential and may not be disclosed as part of the job safety information system. (b) A person commits an...



A report made under Section 411.032 may not be considered to be an admission by or evidence against an employer or an insurance carrier in a proceeding before the commission or a court in...



(a) This subchapter applies as follows: (1) nothing in this subchapter applies to a federal entity or to a state agency, institution, or department described by Chapter 501, 502,...



(a) The executive director may exclude from identification as a hazardous employer an employer who presents evidence satisfactory to the commission that the injury frequencies of the...



(a) The division shall notify each employer identified as a hazardous employer and the insurance carrier for that employer that the employer has been identified as a hazardous employer....



(a) Not later than the 30th day after the date an employer receives notice under Section 411.042, the employer shall obtain a safety consultation from: (1) the division; (2)...



The division may investigate an accident occurring at the worksite of an employer for whom a plan has been formulated under Section 411.043. ...



(a) Not earlier than six months or later than nine months after the formulation of an accident prevention plan under Section 411.043, the division shall conduct a follow-up inspection of...



(a) An employer commits an administrative violation if the employer fails or refuses to implement an accident prevention plan or other suitable hazard abatement measures required by...



(a) If at the time of the follow-up inspection under Section 411.045 the employer is exceeding the injury frequencies that may reasonably be expected in the employer's business or industry,...



(a) The commission shall charge an employer that is a political subdivision for reimbursement of the reasonable cost of services provided by the division, including a reasonable allocation of...



(a) An employer may request a hearing to contest findings made by the commission under this subchapter. (b) The hearing shall be conducted by the State Office of Administrative Hearings...



The identification of an employer as a hazardous employer under this subchapter is not admissible in any judicial proceeding unless: (1) the commission has determined that the employer is...



(a) As a prerequisite for writing workers' compensation insurance in this state, an insurance company must maintain or provide accident prevention facilities that are adequate to provide...



(a) The commission by rule shall establish qualifications for field safety representatives. The rules must include education and experience requirements for those representatives. (b)...



(a) To provide qualified accident prevention personnel and services, an insurance company may: (1) employ qualified personnel; (2) retain qualified independent contractors;...



(a) The division shall conduct an inspection at least every two years to determine the adequacy of the accident prevention services required by Section 411.061 for each insurance company...



(a) Each insurance company writing workers' compensation insurance in this state shall submit to the division at least once a year detailed information on the type of accident...



Notice that accident prevention services are available to the policyholder from the insurance company must appear in at least 10-point bold type on the front of each workers'...



(a) The commission shall employ the personnel necessary to enforce this subchapter, including at least 10 safety inspectors to perform inspections at a job site and at an insurance company...



(a) An insurance company commits a violation if the insurance company does not: (1) maintain or provide the accident prevention services required by this subchapter; or (2) use...



(a) The division shall maintain a 24-hour toll-free telephone service for reports of violations of occupational health or safety law. (b) Each employer shall notify its employees of...



An employer may not suspend or terminate the employment of or otherwise discriminate against an employee for using the telephone service to report in good faith an alleged violation of...



(a) An employee whose employment is terminated or suspended in violation of Section 411.082 is entitled to: (1) reinstatement to the employee's former position; (2) compensation...



(a) Each employer with 15 or more employees who has workers' compensation insurance coverage shall adopt a policy designed to eliminate drug abuse and its effects in the workplace. (b)...



The commission shall enforce Section 411.091 and may adopt rules for that purpose. ...



(a) The commission shall study: (1) the implementation and development of drug-free workplace policies under this subchapter; (2) the use of drug-free workplace requirements...



It is the policy of this state to protect the health and welfare of its people and to reduce and, to every reasonable extent, eliminate the causes of loss of production, reduction of work...



In this subchapter: (1) Director means the director of the division. (2) Employee means an individual who works for an employer for compensation. The term does not include...



Each employer shall: (1) provide and maintain employment and a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and use...



(a) The division shall administer this subchapter. (b) In addition to the duties specified in this chapter, the division shall perform other duties as required by the commission. ...



(a) The commission and its employees may not disclose at a public hearing or otherwise information relating to secret processes, methods of manufacture, or products. (b) A member or...



(a) To establish a safety classification for employers, the commission shall: (1) obtain medical and compensation cost information regularly compiled by the Texas Department of...



The commission may endeavor to eliminate an impediment to occupational or industrial safety that is reported to the commission by an affected employer. In attempting to eliminate an impediment...



The commission may require an employer and any other appropriate person to report accidents, personal injuries, fatalities, or other statistics and information relating to accidents on...



This subchapter and Chapters 341 and 755, Health and Safety Code, to the extent possible shall all be given effect. ...



(a) It is the intent of the legislature that this subchapter, or an act performed under this subchapter, may not be: (1) used as an issue involved in a labor dispute; or (2) used...



In this chapter: (1) Board means the risk management board. (2) Director means the executive director of the office. (3) Office means the State Office of Risk Management....



(a) The State Office of Risk Management is created to administer the government employees workers' compensation insurance and the state risk management programs. (b) The office shall:...



The office is administratively attached to the office of the attorney general and the office of the attorney general shall provide the facilities for the office, but the office shall...



The office shall be administered through money appropriated by the legislature and through the allocation program for the financing of state workers' compensation benefits and risk...



(a) Each state agency shall enter into an interagency contract with the office under Chapter 771, Government Code, to pay the costs incurred by the office in administering this chapter for...



The state is self-insuring with respect to an employee's compensable injury.

NOTICE: SECOND OF TWO VERSIONS OF THIS SECTION As amended...



(a) The office shall establish an allocation program for the payment of workers' compensation claims and risk management services that are incurred by a state agency subject to Chapter 501....



All money recovered by the director from a third party through subrogation shall be deposited into the state workers' compensation account in general revenue. ...



(a) The office is governed by the risk management board. Members of the board must have demonstrated experience in the field of workers' compensation and risk management administration....



(a) To be eligible to take office as a member of the board, a person appointed to the board must complete at least one course of a training program that complies with this section. If the...



A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of...



(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required for appointment to the board other than the...



The board shall adopt rules as necessary to implement this chapter and Chapter 501, including rules relating to reporting requirements for a state agency. ...



(a) Based on the recommendations of the director, the board shall report to each legislature relating to: (1) methods to reduce the exposure of state agencies to the risks of property...



The board shall hire a qualified person to serve as director of the office. The director serves at the pleasure of the board. ...



(a) The director serves as the state risk manager. (b) The director shall supervise the development and administration of systems to: (1) identify the property and liability...



(a) The director shall report to the legislature at the beginning of each regular session. (b) The report required under this section shall be dated January 1 of the year in which the...



Each state agency subject to this chapter shall actively manage the risks of that agency by developing, implementing, and maintaining programs designed to assist employees who sustain...



This chapter does not apply to a state agency that had medical malpractice insurance coverage, workers' compensation insurance coverage, or other self-insurance coverage with associated...



(a) Each state agency shall report to the director for each fiscal year: (1) the location, timing, frequency, severity, and aggregate amounts of losses by category of risk, including...


In this chapter, division means the division of medical review of the commission. ...



(a) The commission shall maintain a division of medical review to ensure compliance with the rules and to implement this chapter under the policies adopted by the commission. (b) The...



The commission may contract with a private or public entity to perform a duty or function of the division. ...



The division shall coordinate its activities with health care providers as necessary to perform its duties under this chapter. The coordination may include: (1) conducting...



(a) The medical advisory committee advises the division in developing and administering the medical policies, fee guidelines, and utilization guidelines established under Section 413.011....



The commission may appoint advisory committees in addition to the medical advisory committee as it considers necessary. ...



(a) The division shall maintain a statewide data base of medical charges, actual payments, and treatment protocols that may be used by: (1) the commission in adopting the medical policies...



(a) On request from the commission for specific information, an insurance carrier shall provide to the division any information in its possession, custody, or control that reasonably relates...



(a) The commission shall use health care reimbursement policies and guidelines that reflect the standardized reimbursement structures found in other health care delivery systems with...



The medical policies and fee guidelines shall be reviewed and revised at least every two years to reflect fair and reasonable fees and to reflect medical treatment or ranges of treatment that...



The commission by rule shall establish: (1) a program for prospective, concurrent, and retrospective review and resolution of a dispute regarding health care treatments and services;...



(a) In this section, investigational or experimental service or device means a health care treatment, service, or device for which there is early, developing scientific or clinical...



The commission may by rule provide that an insurance carrier shall provide for payment of specified pharmaceutical services sufficient for the first seven days following the date of injury if...



(a) Insurance carriers shall make appropriate payment of charges for medical services provided under this subtitle. An insurance carrier may contract with a separate entity to forward payments...



(a) The division shall order a refund of charges paid to a health care provider in excess of those allowed by the medical policies or fee guidelines. The division shall also refer the health...



The following medical services are presumed reasonable: (1) medical services consistent with the medical policies and fee guidelines adopted by the commission; and (2)...



(a) The commission by rule shall provide for the periodic review of medical care provided in claims in which guidelines for expected or average return to work time frames are exceeded....



(a) Interest on an unpaid fee or charge that is consistent with the fee guidelines accrues at the rate provided by Section 401.023 beginning on the 60th day after the date the health care...



The commission by rule shall establish procedures to enable the commission to charge: (1) an insurance carrier a reasonable fee for access to or evaluation of health care treatment,...



(a) An insurance carrier shall, with the agreement of a participating employer, provide the employer with return-to-work coordination services as necessary to facilitate an employee's return...



(a) A party, including a health care provider, is entitled to a review of a medical service provided or for which authorization of payment is sought if a health care provider is: (1)...



(a) Each health care practitioner shall disclose to the commission the identity of any health care provider in which the health care practitioner, or the health care provider that employs...



(a) A health care provider may not pursue a private claim against a workers' compensation claimant for all or part of the cost of a health care service provided to the claimant by the...



(a) A health care provider commits an offense if the person knowingly charges an insurance carrier an amount greater than that normally charged for similar treatment to a payor outside...



In addition to or in lieu of an administrative penalty under Section 415.021 or a sanction imposed under Section 415.023, the commission may impose sanctions against a person who serves as...



(a) The commission may contract with a health care provider, health care provider professional review organization, or other entity to develop, maintain, or review medical policies or...



(a) The commission shall employ or contract with a medical advisor, who must be a doctor as that term is defined by Section 401.011. (b) The medical advisor shall make...



(a) The medical advisor shall establish a medical quality review panel of health care providers to assist the medical advisor in performing the duties required under Section 413.0511. The panel...



(a) Information maintained by or on behalf of the commission under Section 413.0511 or 413.0512, and that is confidential under law, may not be disclosed under Section 413.0511 or 413.0512...



The commission by rule shall establish procedures to enable the commission to compel the production of documents. ...



The commission by rule shall establish standards of reporting and billing governing both form and content. ...



(a) A person who performs services for the commission as a designated doctor, an independent medical examiner, a doctor performing a medical case review, or a member of a peer review panel has...



(a) The executive director, as provided by commission rule, may enter an interlocutory order for the payment of all or part of medical benefits. The order may address accrued benefits,...



In this chapter, division means the division of compliance and practices. ...



(a) The division shall compile and maintain statistical and other information as necessary to detect practices or patterns of conduct by persons subject to monitoring under this chapter that:...



(a) The division shall review regularly the workers' compensation records of insurance carriers as required to ensure compliance with this subtitle. (b) Each insurance carrier, the...



The division shall maintain an investigation unit to conduct investigations relating to alleged violations of this subtitle or commission rules, with particular emphasis on violations of...



For further investigation or the institution of appropriate proceedings, the division may refer the persons involved in a case subject to an investigation to: (1) the division of hearings;...



The division shall review information and referrals received from the division of medical review concerning alleged violations of this subtitle and, under Sections 414.005 and 414.006 and...



A representative of an employee or legal beneficiary commits an administrative violation if the person wilfully or intentionally: (1) fails without good cause to attend a dispute...



(a) An insurance carrier or its representative commits an administrative violation if that person wilfully or intentionally: (1) misrepresents a provision of this subtitle to an employee, an...



A health care provider commits an administrative violation if the person wilfully or intentionally: (1) submits a charge for health care that was not furnished; (2) administers...



(a) An insurance carrier or its representative commits an administrative violation if that person: (1) fails to submit to the commission a settlement or agreement of the parties;...



If an act that is an administrative violation under Section 415.001, 415.002, or 415.003 is expressly made an administrative violation of a particular class or subject to a specified penalty...



(a) A health care provider commits a violation if the person charges an insurance carrier an amount greater than that normally charged for similar treatment to a payor outside the...



(a) An employer may not collect from an employee, directly or indirectly, a premium or other fee paid by the employer to obtain workers' compensation insurance coverage, except as provided...



(a) An attorney who represents a claimant before the commission may not lend money to the claimant during the pendency of the workers' compensation claim. (b) The attorney may assist...



(a) A person commits a violation if the person, to obtain or deny a payment of a workers' compensation benefit or the provision of a benefit for the person or another, knowingly or intentionally:...



(a) A person commits a violation if the person knowingly brings, prosecutes, or defends an action for benefits under this subtitle or requests initiation of an administrative violation...



(a) A party to an agreement approved by the commission commits a violation if the person knowingly breaches a provision of the agreement. (b) A violation under Subsection (a) is a Class...



(a) The commission may assess an administrative penalty against a person who commits an administrative violation. Notwithstanding Subsection (c), the commission by rule shall adopt a schedule...



Administrative violations are classified as follows: (1) a Class A administrative violation, punishable by an administrative penalty not to exceed $ 10,000; (2) a Class...



(a) A person who commits an administrative violation under Section 415.001, 415.002, 415.003, or 415.0035 as a matter of practice is subject to an applicable rule adopted under Subsection (b)...



A material and substantial breach of a settlement agreement that establishes a compliance plan is a Class A administrative violation. In determining the amount of the penalty, the commission...



Any person may request the initiation of administrative violation proceedings by filing a written allegation with the director of the division of compliance and practices. ...



(a) If investigation by the division of compliance and practices indicates that an administrative violation has occurred, the division shall notify the person alleged to have committed...



If, without good cause, a charged party fails to respond as required under Section 415.032, the penalty is due and the commission shall initiate enforcement proceedings. ...



(a) On the request of the charged party or the executive director, the State Office of Administrative Hearings shall set a hearing. The hearing shall be conducted in the manner provided for...



(a) A decision under Section 415.034 is subject to judicial review in the manner provided for judicial review under Chapter 2001, Government Code. (b) If an administrative penalty...



An action taken by an insurance carrier under an order of the commission or recommendations of a benefit review officer under Section 410.031, 410.032, or 410.033 may not be the basis of a...



(a) In an action against an insurance carrier for a breach of the duty of good faith and fair dealing, recovery of exemplary damages is limited to the greater of: (1) four times the amount...



(a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also...



(a) The net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for...



(a) An insurance carrier whose interest is not actively represented by an attorney in a third-party action shall pay a fee to an attorney representing the claimant in the amount agreed on...



(a) A person commits an offense if the person, with the intent to obtain or deny payment of benefits, including medical benefits, under this subtitle or Subtitle C, for himself or...



(a) A person commits an offense if the person, with the intent to obtain workers' compensation insurance coverage under the workers' compensation insurance laws of this state or to avoid...



A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers' compensation claim in good faith; (2) hired a lawyer...



(a) A person who violates Section 451.001 is liable for reasonable damages incurred by the employee as a result of the violation. (b) An employee discharged in violation of Section 451.001...



A district court may restrain, for cause shown, a violation of Section 451.001. ...



In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Compensable injury has the meaning assigned to that term under Subtitle A....



(a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other...



(a) The provisions of this chapter and the rules of the board affecting an employee also apply to the legal beneficiary of a deceased employee. (b) In this section, legal beneficiary...



An employee with a compensable injury is entitled to compensation by the director as provided by this chapter. ...



(a) An eligible employee of Texas Tech University, Texas Tech University Health Sciences Center, or another agency under the direction and control of the board of regents of Texas Tech...



The following persons are excluded from coverage as an employee under this chapter: (1) a person performing personal services for the state as an independent contractor or volunteer;...



(a) An employee who performs services outside the state is entitled to benefits under this chapter even if the person: (1) is hired or not hired in this state; (2) does not work in...



(a) In this section, disaster means an occurrence in which the governor has issued a declaration of a state of disaster under Chapter 418, Government Code, or another occurrence that...



The director shall maintain statistics on the number, type, and disposition of fraudulent claims for medical benefits under this chapter. ...



(a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is not entitled to income benefits under this...



(a) Payments for emergency leave authorized by the administrative head of a state agency in accordance with the General Appropriations Act for an employee receiving income benefits under...



In addition to other reports required by the board, the director shall file a subsequent report not later than the 10th day after the date of the termination of the injured employee's...



Each state agency shall submit in the administrative statement of its biennial budget request a summary containing: (1) the number of first reports of injury filed by the agency during...



(a) In each case appealed from the commission to a county or district court: (1) the clerk of the court shall mail to the commission: (A) not later than the 20th day after the date...



Medical benefit and income benefit payments made by the office are subject to this subtitle and are exempt from Chapter 2251, Government Code. ...



In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Employee means a person employed in the service of an institution whose name appears on...



(a) The following provisions of Subtitle A apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other than...



(a) A reference in this chapter to an injured employee includes the legal beneficiaries of the employee if the injured employee is dead. (b) In this section, legal beneficiary has...



(a) The institution shall pay benefits as provided by this chapter to an employee with a compensable injury. (b) A benefit under this section for an employee who is employed on less than...



An institution may self-insure. ...



(a) The board of regents of the system may require each employee, as a condition of employment, to acquire protection under a group life and accident insurance plan approved by the board....



(a) An institution may certify as an employee a person who indicates a preexisting disqualifying physical condition in a medical history obtained under Section 502.064 or who is found to have...



(a) An institution may provide that an injured employee may remain on the payroll until the employee's earned annual and sick leave is exhausted. (b) While an injured employee remains on...



(a) Each institution shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The institution may: (1) adopt and...



(a) An institution may set aside from its available appropriations, other than itemized salary appropriations, an amount not to exceed two percent of the institution's annual payroll for...



(a) The commission shall furnish a certified copy of an order, award, decision, or paper on file in the commission's office to a person entitled to the copy on written request and payment of...



(a) An institution may obtain and record on a form prescribed by the institution the medical history of a person to be employed by the institution. (b) The institution may require that...



(a) In addition to a report of an injury filed with the commission under Section 409.005(a), an institution shall file a supplemental report that contains: (1) the name, age, sex,...



(a) The commission may require an employee who claims to have been injured to submit to an examination by the commission or a person acting under the commission's authority at a reasonable...



(a) The commission may order or direct the institution to reduce or suspend the compensation of an injured employee who: (1) persists in insanitary or injurious practices that tend to...



If an injured employee is receiving benefits under this chapter and the institution is providing hospitalization, medical treatment, or chiropractic care to the employee, the commission...



(a) In each case appealed from the commission to a county or district court: (1) the clerk of the court shall mail to the commission: (A) not later than the 20th day after the date...



The attorney general is the institution's legal representative and may bring and defend all suits and hearings necessary to carry out the purposes of this chapter. ...



In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Employee means a person employed in the service of the system under an appointment or oral...



(a) The following provisions of Subtitle A apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other than...



(a) A reference in this chapter to an injured employee includes the legal beneficiaries of the employee if the injured employee is dead. (b) In this section, legal beneficiary has...



(a) The institution shall pay benefits as provided by this chapter to an employee with a compensable injury. (b) A benefit under this section for an employee who is employed on less than...



An institution may self-insure. ...



The board of regents of the system may require each person employed by the system or an institution other than by appointment or express contract for hire, as a condition of employment, to...



An agreement by an employee to waive the employee's rights under this chapter is valid if made in writing by the employee before becoming an employee. ...



(a) An institution may provide that an injured employee may remain on the payroll until the employee's earned annual and sick leave is exhausted. (b) While an injured employee remains on...



(a) Each institution shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The institution may: (1) adopt and...



(a) The commission shall furnish a certified copy of an order, award, decision, or paper on file in the commission's office to a person entitled to the copy on written request and payment of...



(a) The institution shall designate a convenient number of licensed practicing physicians to perform physical examinations of individuals employed or to be employed by the institution to...



(a) In addition to a report of an injury filed with the commission under Section 409.005(a), an institution shall file a supplemental report that contains: (1) the name, age, sex,...



(a) The commission may require an employee who claims to have been injured to submit to an examination by the commission or a person acting under the commission's authority at a reasonable...



(a) The commission may order or direct the institution to reduce or suspend the compensation of an injured employee who: (1) persists in insanitary or injurious practices that tend to...



(a) In each case appealed from the commission to a county or district court: (1) the clerk of the court shall mail to the commission: (A) not later than the 20th day after the date...



(a) a party who does not consent to abide by the final decision of the commission shall file notice with the commission as required by Section 410.253 and bring suit in the county in which...



The attorney general is the institution's legal representative and may bring and defend all suits and hearings necessary to carry out the purposes of this chapter. ...



In this chapter, unless a different meaning is plainly required by the context: (1) Commission means the Texas Workers' Compensation Commission. (2) Employee means: (A)...



(a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other...



A person may not bring an action for wrongful discharge under both Chapter 451 and Chapter 554, Government Code. ...



A political subdivision shall extend workers' compensation benefits to its employees by: (1) becoming a self-insurer; (2) providing insurance under a workers' compensation...



(a) A political subdivision may cover volunteer fire fighters, police officers, emergency medical personnel, and other volunteers that are specifically named. A person covered under...



By majority vote of the board of trustees of a self-insurance fund created under this chapter, the fund may cover: (1) members of the board of trustees; (2) staff of the fund,...



A person is not an employee and is not entitled to compensation under this chapter if the person is: (1) in the service of a political subdivision and is paid on a piecework basis or on...



(a) This section applies to a municipal utility operated by a board of trustees established under Section 1502.070, Government Code, or a similar law. (b) The board of trustees of a...



(a) Two or more political subdivisions may establish a joint insurance fund as provided by this section. (b) A political subdivision may pay into the fund its proportionate part as due...



An entity is eligible to participate under Section 504.016 or Chapter 791 or 2259, Government Code, if the entity provides transportation subsidized in whole or in part by and provided to...



(a) A political subdivision shall notify the commission of the method by which its employees will receive benefits, the approximate number of employees covered, and the estimated amount...



(a) Benefits provided under this chapter shall be offset: (1) to the extent applicable, by any amount for incapacity received as provided by: (A) Chapter 143, Local Government...



(a) The governing body of a political subdivision, by majority vote, may provide that while an employee of the political subdivision is receiving benefits under this chapter, the employee...



A political subdivision may: (1) adopt and publish rules and prescribe and furnish forms necessary to effectively administer this chapter; and (2) adopt and enforce necessary...



(a) A political subdivision may set aside from available appropriations, other than itemized salary appropriations, an amount sufficient to pay all costs, administrative expenses,...



(a) Except as provided by Subsection (b), in a proceeding in connection with workers' compensation benefits provided by a political subdivision as a self-insurer, the political subdivision may...



(a) In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Department means the Texas Department of Transportation. (3) Employee means a...



(a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other...



The department shall pay benefits as provided by this chapter to an employee with a compensable injury. ...



The department may self-insure. ...



(a) Except as provided by Subsection (b), an individual employed by a subcontractor performing work under contract with the department is not considered an employee for purposes of this chapter....



(a) The department shall administer this chapter. (b) Process and procedure under this chapter shall be as summary as possible. (c) The department may: (1) adopt rules and...



(a) The department may set aside from its available appropriations, other than itemized appropriations, an amount not exceeding three and one-half percent of the department's annual payroll...



(a) The commission shall furnish a certified copy of an order, award, decision, or paper on file in the commission's office to a person entitled to the copy on written request and payment of...



(a) An individual may not be certified as an employee of the department under this chapter until the individual: (1) submits to a physical examination as provided by this section; and...



(a) A report of an injury filed with the commission under Section 409.005, in addition to the information required by commission rules, must contain: (1) the name, age, sex, and occupation...



(a) The commission may require an employee who claims to have been injured to submit to an examination by the commission or a person acting under the commission's authority at a reasonable...



(a) The commission may order or direct the department to reduce or suspend the compensation of an injured employee if the employee: (1) persists in insanitary or injurious practices that...



If an injured employee is receiving benefits under this chapter and the department is providing hospitalization or medical treatment to the employee, the commission may postpone the hearing of...



(a) In each case appealed from the commission to a county or district court: (1) the clerk of the court shall mail to the commission: (A) not later than the 20th day after the date...



(a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is not entitled to income benefits under this...



(a) In a workers' compensation case in which a claimant is awarded a judgment against the state or a political subdivision of the state under Chapter 501, 502, 503, 504, or 505, the state...



(a) An agency or other instrumentality of state government that, with funds that are held outside the state treasury, reimburses the general revenue fund for workers' compensation payments...





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