CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT EMPLOYEES - Texas Statutes

LABOR CODE

TITLE 5. WORKERS' COMPENSATION

SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN

GOVERNMENT EMPLOYEES

CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT

EMPLOYEES

Sec. 506.001. LATE PAYMENT OF JUDGMENT BY THE STATE. (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 or

political subdivision shall comply with the judgment not later

than the 30th day after the judgment is entered.

(b) If the state or a political subdivision of the state fails

or refuses to comply with a judgment as provided under Subsection

(a) and the claimant secures a mandamus order against the state

or political subdivision to force compliance with the judgment,

the claimant is also entitled to an award of:

(1) a penalty of 12 percent of the amount of compensation

recovered in the judgment; and

(2) reasonable attorney's fees for prosecution of the mandamus

action.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 506.002. REIMBURSEMENT FROM NON-TREASURY FUNDS. (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 made out

of the general revenue fund to former or current employees of the

agency or other instrumentality shall reimburse the general

revenue fund by writing a check to the comptroller:

(1) for deposit into the appropriate account in the general

revenue fund; and

(2) not later than 30 days after receiving the statement of

amounts due.

(b) The workers' compensation division of the office of the

attorney general shall send to the comptroller and the state

auditor a copy of each statement of amounts due from 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 made out of the

general revenue fund.

(c) An agency or other instrumentality of state government

affected by this section may allocate appropriate funds to a

revolving account on its books to receive contributions from

funds other than general revenue funds, based on an assessment it

determines to be appropriate for the purpose of reimbursing the

general revenue fund for the workers' compensation payments made

to its current or former employees.

(d) The state auditor may review affected entities for

compliance with this section, subject to a risk assessment

performed by the state auditor and to the legislative audit

committee's approval of including the review in the audit plan

under Section 321.013, Government Code.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.40, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 64, eff.

Sept. 1, 2003.