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 - Texas Statutes

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.