CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
LABOR CODE
TITLE 5. WORKERS' COMPENSATION
SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN
GOVERNMENT EMPLOYEES
CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF
THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 501.001. DEFINITIONS. In this chapter:
(1) "Division" means the division of workers' compensation of
the Texas Department of Insurance.
(2) "Compensable injury" has the meaning assigned to that term
under Subtitle A.
(3) "Director" means the director of the State Office of Risk
Management.
(4) "Office" means the State Office of Risk Management.
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an election,
appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties require that the
person work and frequently receive supervision in a political
subdivision of the state;
(C) a peace officer employed by a political subdivision, while
the peace officer is exercising authority granted under:
(i) Article 2.12, Code of Criminal Procedure; or
(ii) Articles 14.03(d) and (g), Code of Criminal Procedure;
(D) a member of the state military forces, as defined by Section
431.001, Government Code, who is engaged in authorized training
or duty; or
(E) a Texas Task Force 1 member, as defined by Section 88.301,
Education Code, who is activated by the Texas Division of
Emergency Management or is injured during training sponsored or
sanctioned by Texas Task Force 1.
(6) "State agency" includes a department, board, commission, or
institution of this state.
(7) "Board" means the risk management board.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1205, Sec. 5, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1456, Sec. 14.02, eff. June 17, 2001;
Acts 2003, 78th Leg., ch. 644, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.288, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 2B.09, eff. September 1, 2009.
Sec. 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
LIMIT ON ACTIONS AND DAMAGES. (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 than Section 401.012 defining "employee";
(2) Chapter 402;
(3) Chapter 403, other than Sections 403.001-403.005;
(4) Chapters 404 and 405;
(5) Subchapters B and D through H, Chapter 406, other than
Sections 406.071(a), 406.073, and 406.075;
(6) Chapter 408, other than Sections 408.001(b) and (c);
(7) Chapters 409 and 410;
(8) Subchapters A and G, Chapter 411, other than Sections
411.003 and 411.004;
(9) Chapters 412-417; and
(10) Chapter 451.
(b) For the purposes of this chapter and Chapter 451, the
individual state agency shall be considered the employer.
(c) For the purpose of applying the provisions listed by
Subsection (a) to this chapter, "insurer" or "employer" means
"state," "office," "director," or "state agency," as applicable.
(d) Neither this chapter nor Subtitle A authorizes a cause of
action or damages against the state, a state agency, or an
employee of the state beyond the actions and damages authorized
by Chapter 101, Civil Practice and Remedies Code.
(e) For the purposes of this chapter and Chapter 451, the
adjutant general is considered the employer of a member of the
state military forces while engaged in authorized training or
duty.
(f) For purposes of this chapter and Subchapter D, Chapter 88,
Education Code, the Texas Engineering Extension Service of The
Texas A&M University System shall perform all duties of an
employer in relation to a Texas Task Force 1 member who is
injured and receives benefits under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 980, Sec. 2.01, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1098, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1205, Sec. 6, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 644, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.289, eff. September 1, 2005.
Sec. 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (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" has the meaning
assigned to that term under Section 401.011.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 4, eff. Sept. 1,
1997.
SUBCHAPTER B. COVERAGE
Sec. 501.021. WORKERS' COMPENSATION COVERAGE FOR EMPLOYEES. An
employee with a compensable injury is entitled to compensation by
the director as provided by this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 501.022. EMPLOYEES OF COMPONENT INSTITUTIONS OF TEXAS TECH
UNIVERSITY SYSTEM. (a) An eligible employee of Texas Tech
University, Texas Tech University Health Sciences Center, Angelo
State University, or another agency under the direction and
control of the board of regents of Texas Tech University System
is entitled to participate in the workers' compensation program
for state employees provided under this chapter.
(b) For purposes of this chapter, Texas Tech University is a
state agency and shall act in the capacity of employer.
(c) For purposes of this chapter, Texas Tech University Health
Sciences Center is a state agency and shall act in the capacity
of employer.
(d) For purposes of this chapter, Angelo State University is a
state agency and shall act in the capacity of employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 980, Sec. 2.02, eff. Sept.
1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
179, Sec. 12, eff. September 1, 2007.
Sec. 501.024. EXCLUSIONS FROM COVERAGE. 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;
(2) a person who at the time of injury was performing services
for the federal government and who is covered by some form of
federal workers' compensation insurance;
(3) a prisoner or inmate of a prison or correctional
institution, other than a work program participant participating
in a Texas Correctional Industries contract described by Section
497.006, Government Code;
(4) a client or patient of a state agency;
(5) a person employed by the Texas Department of Transportation
who is covered under Chapter 505;
(6) a person employed by The University of Texas System who is
covered by Chapter 503; and
(7) a person employed by The Texas A&M University System who
is covered by Chapter 502.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.45, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1205, Sec. 7, eff. Sept. 1,
1999.
Sec. 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (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 this state;
(3) works both in this state and out of state;
(4) is injured outside this state; or
(5) has been outside this state for more than one year.
(b) An employee who elects to pursue remedies provided by the
state where the injury occurred is not entitled to benefits under
this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 501.026. COVERAGE FOR CERTAIN SERVICES PROVIDED BY
VOLUNTEERS. (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 initiates the state emergency management plan.
(b) A person not otherwise covered by workers' compensation
insurance for the services performed under this section who
performs volunteer services for the state in a disaster or in
scheduled emergency response training under the direction of an
officer or employee of the state is entitled to medical benefits
under this chapter for an injury sustained by the person in the
course of providing those services. For purposes of this
subsection, an injury is not sustained in the course of providing
services in a disaster unless the injury occurs while the state
of disaster may reasonably be considered to be in existence.
(c) A person employed by a political subdivision who is injured
in the course of providing services described by Subsection (b)
is entitled to benefits as provided by that subsection only if
the services are performed outside the jurisdiction of the
political subdivision by which the person is employed.
(d) A person entitled to benefits under this section may receive
the benefits only if the person seeks medical attention from a
doctor for the injury not later than 48 hours after the
occurrence of the injury or after the date the person knew or
should have known the injury occurred. The person shall comply
with the requirements of Section 409.001 by providing notice of
the injury to the division or the state agency with which the
officer or employee under Subsection (b) is associated.
Added by Acts 1999, 76th Leg., ch. 985, Sec. 1, eff. June 18,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.290, eff. September 1, 2005.
SUBCHAPTER C. ADMINISTRATION
Sec. 501.0431. COMPILATION OF STATISTICS RELATING TO FRAUD. The
director shall maintain statistics on the number, type, and
disposition of fraudulent claims for medical benefits under this
chapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 6.02(b), eff. Sept.
1, 1997.
Sec. 501.044. EFFECT OF SICK LEAVE; ANNUAL LEAVE. (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 chapter
until the employee has exhausted the employee's accrued sick
leave.
(b) An employee may elect to use all or any number of weeks of
accrued annual leave after the employee's accrued sick leave is
exhausted. If an employee elects to use annual leave, the
employee is not entitled to income benefits under this chapter
until the elected number of weeks of leave have been exhausted.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 953, Sec. 2, eff. Sept. 1,
1999.
Sec. 501.045. EFFECT OF EMERGENCY LEAVE. (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 this chapter may not:
(1) exceed for a month the amount computed by subtracting the
amount of income benefits received for the month from the basic
monthly wage of the employee; and
(2) be paid for a period longer than six months after the date
on which benefits begin.
(b) The administrative head authorizing the emergency leave
payments shall review the merits of each case individually.
(c) If payment for emergency leave is authorized, the state
agency shall attach a statement of the reasons for the
authorization to its duplicate payroll voucher for the first
payroll period affected by the leave.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 501.046. REPORTS OF TERMINATION OR CONTINUATION OF
INJURIES. 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 incapacity. If the employee's incapacity extends
beyond 60 days, the director shall file a subsequent report
before the 70th day after the date the employee's incapacity
began.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 5, eff. Sept. 1,
1997.
Sec. 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS. 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 the preceding biennium;
(2) the amount of workers' compensation indemnity and medical
benefits paid to or for employees during the preceding biennium;
(3) the number of on-the-job injuries per 100 of its employees
during each year of the preceding biennium; and
(4) a description of the efforts made by the agency to increase
job safety and to reduce job injuries, including the
participation of the head of the agency and the executive staff
of the agency in training programs offered by the division and
others.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 501.050. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
OFFENSE. (a) In each case appealed from the division to a
county or district court:
(1) the clerk of the court shall mail to the division:
(A) not later than the 20th day after the date the case is
filed, a notice containing the style, number, and date of filing
of the case; and
(B) not later than the 20th day after the date the judgment is
rendered, a certified copy of the judgment; and
(2) the attorney preparing the judgment shall file the original
and a copy of the judgment with the clerk.
(b) An attorney's failure to comply with Subsection (a)(2) does
not excuse the failure of a county or district clerk to comply
with Subsection (a)(1)(B).
(c) The clerk is not entitled to a fee for the services.
(d) A county or district clerk who violates this section commits
an offense. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $250.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.291, eff. September 1, 2005.
Sec. 501.051. PAYMENT OF MEDICAL AND INDEMNITY BENEFITS.
Medical benefit and income benefit payments made by the office
are subject to this subtitle and are exempt from Chapter 2251,
Government Code.
Added by Acts 1999, 76th Leg., ch. 953, Sec. 3, eff. Sept. 1,
1999.