Texas

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. ...

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 (B)...

(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. (b)...

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 federal...

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 shall...

(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, that...

(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 application...

(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 the...

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 individual,...

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 an...

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 from...

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, under...

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 a...

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 the...

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 employer...

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 seniority...

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 all...

(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 of...

(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 the...

(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 with...

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 under...

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

(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 the...

(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 unlawful...

(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 employment...

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 the...

...

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 political...

(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 unlawful...

(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 to...

(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 general...

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 damages;...

(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, or...

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 workplace...

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) 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 records...

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 this...

(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 may...

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 medical...

(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 not...

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 test...

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 sample...

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 diversity...

(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. (b)...

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 recommendations...

(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. The...

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

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 for...

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

(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) The...

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) On...

(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 equal...

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 man-made...

(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 not...

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) 48...

(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) the...

(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) an...

(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 been...

(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 proof...

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 by...

(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 this...

(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 valid...

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 notify...

(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 received...

(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, the...

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 are...

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 the...

(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 not...

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 Statutes),...

(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 the...

(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 that...

(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, association,...

(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, or...

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 an...

(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 investigations,...

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

(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 or...

(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
  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.012.  Designation of Paydays; Notice
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.013.  Payment Other Than on Payday
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. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.014.  Payment After Termination of Employment
(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 an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.015.  Payment of Commissions and Bonuses
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.016.  Form of Payment
(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 for...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.017.  Delivery of Payment
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 employee...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.018.  Deduction From Wages
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 by...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.020.  Failure to Pay Wages; Attorney General Action
The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.031.  Bond
(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 an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.032.  Suit to Enforce Bond Requirement
(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 name...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.051.  Filing Wage Claim
(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 form...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.052.  Preliminary Wage Determination Order
(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 wage...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.053.  Bad Faith; Administrative Penalty
(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 assess...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.054.  Request for Hearing on Preliminary Order
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.055.  Preliminary Order Final if Hearing Not Requested
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 all...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.056.  Payment Required if Hearing Not Requested
(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 not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.057.  Notice; Time for Hearing
(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 received...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.058.  Hearing Procedures
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.059.  Commission Consideration of Preliminary Wage Determination Order
The commission may modify, affirm, or rescind a preliminary wage determination order. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.061.  Notice and Finality of Order
(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...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.062.  Judicial Review
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.063.  Payment to Commission; Escrow Pending Review; Waiver
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.064.  Payment to Employee
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 any...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.065.  Deposit of Penalty
The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.067.  Reciprocal Collection Arrangements
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 of...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.081.  Creation and Attachment of Lien
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.082.  Enforcement of Lien
(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 duties...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.0825.  Priority of Lien
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. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.083.  Filing; Fee
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.084.  Release of Lien
(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 paid,...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.085.  Assignment of Lien
A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.091.  Notice of Delinquency
(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 or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.093.  Levy
(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, the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.094.  Notice Effect
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 not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.095.  Discharge of Liability
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 to...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.001.  Short Title
This chapter may be cited as the Texas Minimum Wage Act. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.003.  Earnings Statement
(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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.004.  Provision of Information
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 and...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.005.  Collective Bargaining Not Impaired
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 wages...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.051.  Minimum Wage
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
  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.053.  Cost of Meals or Lodging
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 lodging...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.054.  Certain Employees Subject to Call
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 for...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.055.  Special Wage for Certain Employees
(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 productive...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.056.  Medical Certificate
(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 employing...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.101.  Definition.
In this subchapter, commissioner means the commissioner of agriculture. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.102.  Minimum Wage for Agricultural Piece Rate Workers
(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 not...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.103.  Piece Rate Determined by Commissioner
(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, the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.104.  Collection of Information
(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 each...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.106.  Hearings
(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 from...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.107.  Order Establishing Piece Rate
(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 rate...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.108.  Rules
The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.109.  Appeal of Commissioner's Decision
(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. (b)...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.110.  Change in Piece Rate
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 a...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.112.  Piece Rate for Certain Commodities Prohibited
(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 hourly...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.113.  Application to Direct Employment and Contract Labor
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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.114.  Suspension of Piece Rate
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) any...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.152.  Employment by Religious, Educational, Charitable, or Nonprofit Organization
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 the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.153.  Employment of Certain Professionals, Salespersons, and Public Officials
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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.154.  Domestic Employment
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 the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.155.  Employment of Certain Youths and Students
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 vocational...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.156.  Employment of Inmates
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 Justice...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.158.  Certain Amusement and Recreational Establishments
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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.159.  Certain Employers Not Contributing to Unemployment Compensation Fund; Certificate
(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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.160.  Agricultural Exemptions
(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 with...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.161.  Sheltered Workshops
A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.204.  Required Findings
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 been...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.205.  Attorney's Fees; Costs
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. ...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.001.  Assignment of Unearned Wages; Notice Required
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 is...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.002.  Exemption
This chapter does not affect Section 22.002, Education Code. ...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.001.  Definitions
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 otherwise....

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.002.  Redemption of Evidence of Indebtedness
(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 payday,...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.003.  Action to Enforce Redemption; Penalty
(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 refuses...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.001.  Definitions
In this chapter: (1) Clearinghouse means the Work and Family Policies Clearinghouse. (2) Commission means the Texas Employment Commission. (3) Committee means the Work and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.003.  Work and Family Policies Clearinghouse
The Work and Family Policies Clearinghouse is within the commission. ...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.0045.  Dependent Care Grant Program
(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 rules...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.005.  Deposit of Materials
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 interested...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.006.  Work and Family Policies Fund
(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, and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.007.  Rules
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 the...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.008.  Gifts, Grants, and Donations
(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, or...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.009.  Work-Family Facilitator
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...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.002.  Discharge of Liability
(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 adverse...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.003.  Notice
(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 home...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.004.  Corporation May Transfer Stock Ownership
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 treat...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.005.  Limited Effect
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 that...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.001.  Definitions
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 staff...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.002.  Rules
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.003.  Interagency Cooperation
(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 as...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.004.  Effect of Other Law on Clients and Employees
(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 is...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.005.  Application of Certain Procurement Laws
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 small,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.006.  Workers' Compensation Coverage
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.011.  License Required
A person may not engage in or offer staff leasing services in this state unless the person holds a license issued under this chapter. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.012.  General License Requirements
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 experience...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.013.  Background Investigations
(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 each...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.014.  Net Worth Requirements
(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 if...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.015.  License Application
(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 shall...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.016.  License Issuance; Term
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.017.  Fees
(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 commission...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER C.  STAFF LEASING SERVICES AGREEMENT
      • 91.031.  Agreement; Notice
(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 give...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.041.  Employee Benefit Plans; Required Disclosure; Other Reports
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.042.  Workers' Compensation Insurance
(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) or...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.043.  Health Benefit Plans
(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
  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.044.  Unemployment Taxes; Payroll
(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 holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.045.  Posting Requirements
(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 holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.047.  Compliance with Other Laws
Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.048.  Required Information
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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.049.  Agent for Service of Process
Each license holder shall maintain a registered agent for the service of process in this state. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.062.  Action by Attorney General
(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 warranto...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.063.  Criminal Penalty
(a) A person who violates Section 91.061 commits an offense. (b) An offense under this section is a Class A misdemeanor. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.001.  Purpose
(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 of...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.002.  Definitions
In this chapter: (1) Commission means the Texas Commission of Licensing and Regulation. (2) Commissioner means the commissioner of licensing and regulation. (3) Common...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.003.  Agency Powers and Duties
The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.011.  License Required
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. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.012.  Exemptions From Licensing Requirement
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 labor...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.013.  Effect of Other Regulation
(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...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.014.  License Application and Issuance
(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 and...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.015.  License Renewal
(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 the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.021.  License Holder as Employer
(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 the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.023.  Posting of Certain Information
(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 premises...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.024.  Labor Hall Requirements
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: (1)...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.025.  Certain Charges and Deductions Prohibited
(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 of...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER D.  CRIMINAL PENALTY
      • 92.031.  Criminal Penalty
(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 by...

  • chapter 93.  TEMPORARY EMPLOYMENT SERVICES
    • 93.003.  No Cause of Action
This chapter does not create a private cause of action for any person or class of persons. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.001.  Right to Organize
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.002.  Right to Influence Another Regarding 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 which...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.003.  Right to Bargain
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 by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.004.  Contract for Withholding Union Dues From Employee's Compensation Void Without Employee's Consent
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 to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.051.  Definition
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 and...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.052.  Denial of Employment Based on Labor Union Membership Prohibited
A person may not be denied employment based on membership or nonmembership in a labor union. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.053.  Contract Requiring or Prohibiting Labor Union Membership Void
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 not...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.101.  Definitions
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 consideration...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.102.  Legislative Findings; Policy
(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 enterprises,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.103.  Liberal Construction
(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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.104.  Method of Election of Officers, Agents, Organizers, and Representatives
(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 by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.105.  Annual Election of Officers, Agents, Organizers, and Representatives
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.106.  Notice of Election
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 to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.107.  Results of Election
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 participating,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.108.  Certain Unions Excepted
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 three...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.109.  Certain Persons Prohibited From Holding Office
(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 apply...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.110.  Labor Organizers; Organizer's Card
(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 organizer's...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.112.  Excessive Fees Prohibited
(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 reasonable...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.114.  Fee Receipt Required
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 person...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.115.  Construction of Fee Restrictions
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.116.  Member in Armed Forces
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 make...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.118.  Expulsion of Member
(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 be...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.120.  Reports
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
  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.121.  Civil Penalty
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 state,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.122.  Enforcement by Civil Process
(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 writ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.124.  Enforcement Officers
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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.202.  Offense; Penalty
(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 $...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.203.  Civil Liability
(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 of...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.204.  Enforcement
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.205.  Venue
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 resides;...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.251.  Definitions
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 concerning...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.252.  Liability of Labor Organization
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 competent...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.301.  Interference With Right to Work; Liability
(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 work,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.302.  Injunctive Relief
(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 relief...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.303.  Assignment of District Judge
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 the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 102.001.  Definition
In this chapter, board means an arbitration board appointed under this chapter. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 102.002.  Dispute Resolution Through Arbitration
(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 arbitration...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER E.  FILINGS WITH BOARD; HEARINGS
      • 102.041.  Written Submission of Dispute or Grievance
(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 employees...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER E.  FILINGS WITH BOARD; HEARINGS
      • 102.042.  Hearing; Notice
(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 place...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER F.  COURT FILINGS AND ORDERS
      • 102.051.  Arbitration Petition
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 board...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER F.  COURT FILINGS AND ORDERS
      • 102.052.  Court Order Required
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 and...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER F.  COURT FILINGS AND ORDERS
      • 102.053.  Filing of Petition and Order
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. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.061.  Surety Bond
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 procedure....

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.062.  Board Member Expenses
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 traveled...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.063.  Reimbursement of Witness
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 from...

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.005.  Employment Reference
This chapter does not require an employer to provide an employment reference to or about a current or former employee. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 201.001.  Short Title
This subtitle may be cited as the Texas Unemployment Compensation Act. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 201.002.  Application of Sunset 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 1,...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER B.  GENERAL DEFINITIONS
      • 201.011.  General Definitions
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.027.  Employer of Domestic Service Worker
(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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.029.  Temporary Help Firm
For purposes of this subtitle, a temporary help firm is the employer of an individual employed by the firm as a temporary employee. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.041.  General Definition of Employment
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 shown...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.042.  Service of Driver or Salesman
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.046.  Employment to Assist Employee or Agent
(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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.047.  Farm and Ranch Labor as Employment
(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) is...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.048.  Service for Indian Tribe
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 of...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.062.  Service Under Arrangement With Agency
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 compensation...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.069.  Service of Student
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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.070.  Service as Product Demonstrator; Salesman
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.071.  Service as Insurance Agent
In this subtitle, employment does not include service as an insurance agent for which the only remuneration for the service is a commission. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.072.  Service as Real Estate Broker
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 by...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.074.  Service by Inmate
In this subtitle, employment does not include service performed by an inmate of a custodial or penal institution. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.075.  Service on Fishing Vessel
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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.076.  Included and Excluded Service in Pay Period
(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 is...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.077.  Service by Landman
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 for...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER F.  DEFINITION OF WAGES
      • 201.082.  Exceptions to Wages
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER G.  TOTAL AND PARTIAL UNEMPLOYMENT
      • 201.091.  Total and Partial Unemployment
(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 the...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION [RENUMBERED]
      • § 202.001 to 202.006.  Renumbered as V.T.C.A., Labor Code §§ 301.002 to 301.007 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION [RENUMBERED]
      • § 202.021 to 202.024.  Renumbered as V.T.C.A., Labor Code §§ 301.021 to 301.024 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION [RENUMBERED]
      • 202.025.  Deleted by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER C.  AGENCY ADMINISTRATOR AND PERSONNEL
      • 202.044.  Division of Education
(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 Code....

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION [RENUMBERED]
      • § 202.061 to 202.066.  Renumbered as V.T.C.A., Labor Code §§ 301.061 to 301.066 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS [RENUMBERED]
      • § 202.071 to 202.074.  Renumbered as V.T.C.A., Labor Code §§ 301.071 to 301.074 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER F.  EMPLOYMENT SERVICE [RENUMBERED]
      • § 202.081, 202.082.  Renumbered as V.T.C.A., Labor Code §§ 307.001, 307.002 by Acts 1995, 74th Leg., ch. 655, § 11.07, eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER F.  EMPLOYMENT SERVICE [RENUMBERED]
      • § 202.081, 202.082.  Renumbered as V.T.C.A., Labor Code §§ 307.001, 307.002 by Acts 1995, 74th Leg., ch. 655, § 11.07, eff. Sept. 1, 1995
...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.001.  Definitions
In this chapter: (1) Administration fund means the unemployment compensation administration fund created under Section 203.151. (2) Federal trust fund means the unemployment trust...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.002.  Duties of Comptroller
(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....

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.003.  Comptroller's Bond Liability
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, the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.004.  Deposit of Funds; Exception
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) the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.021.  Unemployment Compensation Fund; Separate Accounts
(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 the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.023.  Requisitions From Federal Trust Fund; Benefit Account
(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. The...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.024.  Deposits
(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 public...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.025.  Use of Requisitioned Money
(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 federal...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.026.  Accounts From Which Benefits and Refunds Are Paid
(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 by...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.027.  Unexpended Balance of Benefit Account
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 the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.028.  Solvency of Compensation Fund; Reserve
(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 legislature...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.029.  Refund of Contributions to Federal Instrumentality
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
  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.030.  Reimbursement From or to Compensation Fund Under Reciprocal Arrangement
(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 under...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.031.  Nonliability of State
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 amount...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.032.  Management of Compensation Fund on Discontinuance of Federal Trust Fund
(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 United...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.101.  Limit on Application for Advance
In any application for an advance from the federal trust fund (Section 1201, Social Security Act
  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.102.  Advance Interest Trust Fund
(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:...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.103.  Transfer to Special Administration Fund
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 administration...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.104.  Transfer From Advance Interest Trust Fund to Compensation Fund
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 that...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.151.  Administration Fund
(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 fund...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.152.  Use of Administration Fund
(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 fund...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.153.  Renumbered as V.T.C.A., Labor Code § 307.003 by Acts 1995, 74th Leg., ch. 655, § 11.08, eff. Sept. 1, 1995
...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.154.  Reimbursement of Administration Fund
(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
  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER E.  SPECIAL ADMINISTRATION FUND
      • 203.201.  Special Administration Fund
(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 this...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.001.  Definition
In this chapter, manual means the North American Industrial Classification System Manual published by the United States Office of Management and Budget. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.002.  Contribution Required
(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) The...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.003.  Contribution Not Deducted From Wages
An employer may not deduct any part of a contribution from the wages of an individual in the employer's employ. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.004.  Assignment to Major Group
The commission shall assign each employer to a major group in accordance with the definitions contained in the manual. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.005.  Establishment of Major Group Contribution Rate
(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 for...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.006.  Initial 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...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.0065.  Expired
...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.008.  Time Benefits Are Paid
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. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.009.  Application to Labor Agent
(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 factor...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.010.  Payment of Contributions by Indian Tribes
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 make...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.021.  Chargebacks
(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 an...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.023.  Notice Sent at Time Benefits Paid
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 mailed...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.024.  Protest of Potential Chargebacks
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 notice...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.025.  Decision and Administrative Review of Protest
(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) The...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.026.  Judicial Review of Protest
(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 rehearing,...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.041.  Tax on Experience-Rated Employers
(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 Section...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.042.  Tax Rate Table
If the replenishment ratio is

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.043.  Extension of Tax Rate Table up to Six Percent
(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 in...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.044.  Benefit Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.045.  Replenishment Ratio
(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) rounding...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.046.  Effectively Charged Benefits
(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 liability...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.047.  Tax Rate Computation Date for Experience Tax Rate
(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 by...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.048.  Voluntary Contributions
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.061.  Ceiling and Floor of Compensation Fund
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 preceding...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.062.  Replenishment Tax
(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 numerator...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.0625.  Expired
...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.063.  Deficit Tax
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.064.  Deficit Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.065.  Credit
(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 is...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.066.  Surplus Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.081.  Definition
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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.083.  Acquisition of All of Experience-Rated Organization, Trade, or Business
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 experience...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.084.  Acquisition of Part of Experience-Rated Organization, Trade, or Business: Approval of Transfer of Compensation Experience
(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 to...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.085.  Contribution Rate for Successor Employer
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.086.  Collection of Contribution, Penalty, or Interest From Successor Employer
(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 of...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.101.  Contribution From Governmental Employer
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 in...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.102.  Contribution Not Deduction From Wages
A contribution paid by a governmental employer may not be deducted from the wages of individuals in the employer's employ. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.103.  Rate of Contributions for Governmental Employers
(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...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.011.  Applicability of Subtitle; Waiver by Reimbursing Employer
(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 Chapter...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.012.  Payment of Reimbursement
A reimbursing employer shall pay a reimbursement to the commission in accordance with this chapter and rules adopted by the commission. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.013.  Billing; Amount of Reimbursements
(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 that...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.014.  Proportionate Allocation of Benefit Costs--More Than One Employer and At Least One Reimbursing Employer
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 by...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.015.  Continued Liability for Reimbursement
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 of...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.017.  Delinquent Governmental Employers
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 delinquency....

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.018.  Payment of Benefits From Compensation Fund; No Effect on Replenishment Ratio
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. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.019.  Reimbursement From Non-Treasury Funds
(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...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.021.  Approval of Group Account; Effective Date
(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 are...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.022.  Duration and Termination of Group Account
(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 group....

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.023.  Group Member's Reimbursement Amount
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 the...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.024.  Reports and Records
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. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.025.  Commission Rules
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 type...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER D.  BONDS AND OTHER SAFEGUARDS
      • 205.032.  Additional Safeguards
The commission may provide additional safeguards as necessary to ensure that a reimbursing employer pays the reimbursements required under Subchapters B and C. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER E.  STATE ELECTIONS
      • 205.041.  State Election to be Reimbursing Employer
(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) an...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER E.  STATE ELECTIONS
      • 205.042.  Coverage of State Employees Working Outside State
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 reimbursing...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.002.  Election of Coverage as Employer
(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 employing...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.003.  Election of Coverage Regarding Services Not Constituting Employment
(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 distinct...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.007.  Fees Limitation; Legal Representation; Criminal Offense; Penalty
(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 (2)...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.009.  Payment of Benefits by Indian Tribe
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 paid...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.021.  Benefit Eligibility Conditions
(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 and...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.022.  Commission-Approved Training
(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 in...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.024.  Claim Filed or Residence in Another State or Country
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 another...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.025.  Pregnancy or Termination of Pregnancy
Benefits may not be denied to an individual solely because of pregnancy or termination of pregnancy. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.041.  Services in Educational Institutions
(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 beginning...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.042.  Athletes
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 or...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.044.  Discharge for Misconduct
(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 continues...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.045.  Voluntarily Leaving Work
(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 by...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.046.  Involuntary Separation
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 make...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.047.  Failure to Apply for, Accept, or Return to Work
(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 when...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.048.  Labor Disputes
(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 a...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.050.  Receipt of Pension or Annuity
(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 pension,...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.051.  Sale of Business
(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 the...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.052.  Leaving Work to Attend Educational Institution
(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....

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.053.  Refusal to Treat Communicable Disease
(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 the...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.071.  Waiver, Release, or Commutation Agreement Invalid
(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 under...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.072.  Acceptance or Requirement of Waiver Prohibited
An employer may not require or accept a waiver of a right of an individual employed by the employer under this subtitle. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.073.  Prohibited Deduction From Wages
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. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.074.  Criminal Offense; Penalty
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 less...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.075.  Assignment of Benefits Prohibited; Benefit Exemptions
(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....

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.091.  Definitions
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 with...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.092.  Disclosure of Child Support Obligations
(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 support...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.093.  Withholding of Child Support by Commission
(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 legal...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.094.  Federal Law Requirement
(a) This subchapter and Section 207.075(e) are enacted because Section 303(e) of the Social Security Act
  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.111.  Definitions
In this subchapter: (1) State agency has the meaning assigned by Section 3(n), Food Stamp Act of 1977
  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.112.  Application
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 are...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.113.  Required Disclosure; Notice to Food Stamp Agency
(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 an...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.114.  Withholding
(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 the...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.001.  Filing; Information Notices
(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 accordance...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.002.  Notice of Initial Claim
(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 the...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.003.  Notice to Employer
(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 claims,...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.004.  Notification of Adverse Facts Affecting Claim; Waiver
(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 to...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.021.  Initial Claim Determination
(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...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.022.  Notice of Initial Claim Determination
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. ...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.023.  Request for Redetermination or Appeal by Claimant
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 209.001.  Definitions
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 209.002.  Application of Provisions Relating to Regular Benefits
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 209.003.  Findings
(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 or...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.021.  Beginning and Ending Dates for Extended Benefit Period
(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 before...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.022.  State On and Off Indicator Weeks
(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:...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.023.  Rate of Insured Unemployment
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 regular...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.024.  Public Announcement of Extended Benefit Period
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. ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.041.  Eligibility for Extended Benefits
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: (1)...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.042.  Exhaustion of Regular Benefits
(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)...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.043.  Requirement to Seek Work
(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....

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.044.  Requirement to Accept or Apply for Suitable 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 of...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.046.  Exceptions to Requirement to Accept or Apply for Suitable Work
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 writing...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.047.  Suitable Work
(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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.048.  Duration of Ineligibility; Work Requirements
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...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.050.  Interstate Claim
(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 benefit...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER D.  AMOUNT OF EXTENDED BENEFITS
      • 209.061.  Weekly Extended Benefit Amount
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...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER D.  AMOUNT OF EXTENDED BENEFITS
      • 209.062.  Maximum Total Extended Benefit Amount
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER D.  AMOUNT OF EXTENDED BENEFITS
      • 209.063.  Effect of Trade Readjustment Allowances
(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 for...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.081.  Unemployment Compensation Fund
(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. ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.082.  Charges to Reimbursing Employer
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 same...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.084.  Charges to Governmental Employer
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 subdivision...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.0845.  Charges to Indian Tribe
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. ...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.001.  Notice of Back Pay Award Reduction
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 the...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.002.  Reimbursement by Employer for Reduction of Back Pay Award
(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 the...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.003.  Employee's Liability; Sole Liability of Employer
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 reimburse...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER B.  EXAMINERS
      • 212.054.  Redetermination by Examiner
(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, the...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.102.  Action by Appeal Tribunal
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. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.103.  Notice of Appeal Tribunal Action
The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.104.  Decision Considered Final Commission 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 decision...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.105.  Removal or Transfer of Claim Pending Before Appeal Tribunal
(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 a...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER D.  COMMISSION REVIEW
      • 212.152.  Notice of Commission Action
The commission promptly shall mail to the parties before it a copy of its findings and decision. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER D.  COMMISSION REVIEW
      • 212.153.  Finality of Commission 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 the...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.201.  Commencement of Judicial Review; Defendants
(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 against...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.202.  Standard of Judicial Review; Exceptions Not Necessary
(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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.022.  Penalty for Failure to File Report
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) $...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.024.  Penalty for Continuing Violation
(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 under...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.032.  Service of Notice of Assessment; Contents as Prima Facie Evidence; Judicial Review; Effect
(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 facie...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.035.  Costs
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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.036.  Abstract of Judgment; Abstract of Assessment; Fee; Release
(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 warrant...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.052.  Injunction Restraining Certain Violations
(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 collection...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.054.  Offset Against State Warrant
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 withholding...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.009.  Commission Divisions
(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),...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.023.  Complaints
(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 with...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.024.  Official Seal; Use of Facsimiles
(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 seal,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.026.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 876, § 14.03, eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • § 301.027, 301.028.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • § 301.027, 301.028.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.042.  Access to Certain Criminal History Record Information
(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 social...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.043.  Standards of Conduct Information
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 laws...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.045.  Equal Employment Opportunity Policies
(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 are...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • § 301.046 to 301.053.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.061.  General Powers and Duties
(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...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.062.  Findings
Both the commission and the executive director may make findings and determine issues under this title as necessary to administer this title. ...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0655.  Expired
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.067.  Tax Assistance; Information on Earned Income Tax Credit
(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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0671.  Federal Work Opportunity Tax Credit and State Tax Refund for Certain Employers
(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 commission,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0672.  Expired
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0674.  Pilot Program: Technology Training
(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 adult...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.071.  Investigative and Subpoena Powers
(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 executive...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.072.  Enforcement of Subpoena; Offense; Penalties
(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, on...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.073.  Self-Incrimination
(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 from...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.081.  Employee Records of Employing Unit; Offense; Penalty
(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 to...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.082.  Copies of Records
(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 person....

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.083.  Access to Records by Railroad Retirement Board
(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 Railroad...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.084.  Destruction of Records
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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER G.  LEGISLATIVE OVERSIGHT [REPEALED]
      • § 301.091 to 301.094.  Repealed by Acts 1999, 76th Leg., ch. 1472, § 15, eff. September 1, 1999
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.101.  Definition
In this subchapter, wages has the meaning assigned by Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986
  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.102.  Tax Refund Voucher
(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 eligibility...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.103.  Amount of Refund; Limitation
(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 for...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.104.  Eligibility
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 person...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.105.  Certification
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 of...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.107.  Rules
(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 commission...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.001.  Definitions
In this chapter: (1) Director means the director of the division. (2) Division means the division of workforce development of the commission. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.002.  General Workforce Development Powers and Duties of Commission and Executive Director
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.003.  Job Retention and Reemployment Assistance
The division may provide ongoing job retention and reemployment assistance for a recipient of public assistance who has participated in a job training program. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0035.  Employment Assistance Program for Certain Parents
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) the...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.004.  Funds for Job Training, Employment Services, and Child Care
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 need-based...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0041.  Child-Care Demonstration Project Grants
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0045.  Quality Initiatives by Commission
(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 shall...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0055.  T.e.a.c.h. Pilot Program
(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 field...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.007.  Report on Trade Adjustment Programs
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.008.  Statewide Technology Workforce Campaign
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 are...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.009.  Monitoring of Employment History of Certain Former Recipients of Public Assistance
(a) The division shall develop and implement a system to monitor the long-term employment history of persons who are former recipients of assistance under employment programs operated by the...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.009.  Job Placement Incentive Program
(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 2308,...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.010.  Postemployment Services Guidelines
(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 an...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.011.  Postemployment Case Management
The commission shall encourage local workforce development boards to provide postemployment case management services for recipients of financial assistance who participate in employment programs...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.021.  Consolidation of Workforce Development Programs
(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 under...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.022.  Client Accessibility
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. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.023.  Delegation of Functions
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 local...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.041.  State-Local Planning Process
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. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.042.  Review of Local Plans; Recommendations
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. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.043.  Training for Local Workforce Development Board Members
(a) The division shall provide management and board development training for all members of local workforce development boards that includes information regarding client eligibility determination,...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.044.  Flexibility Rating System for Commission Directives
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.044.  Outreach Activities
The commission shall require that local workforce development boards participate in outreach activities provided by the commission that are designed by the commission to allow board members and...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.045.  Sanctions Plan
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 section...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.046.  Plan Regarding Lack of Service Providers
(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:...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.061.  Administration Funding
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 implement...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.062.  Block Grants to Local Workforce Development Areas
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.064.  Collaboration With Local Boards
(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 and...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.001.  Purpose; Definitions
(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 Engineering...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.002.  Waiver
(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 colleges,...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.003.  Skills Development Fund
(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) any...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.004.  Fund Review
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 technical...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.006.  Reporting Requirements
(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) Employer...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.002.  Job Counseling Program
(a) The commission, through a special assistance job counseling program, shall: (1) provide counseling for displaced homemakers; (2) assist displaced homemakers in obtaining training and...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.003.  Personnel; Office
The commission shall use its personnel, services, facilities, and equipment to operate the job counseling program. ...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.004.  Cooperation by State Agencies and Political Subdivisions
State agencies and political subdivisions of the state shall cooperate with the commission in obtaining suitable employment for displaced homemakers counseled by the commission. ...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.021.  Tuition Assistance Grant; Amount of Grant
(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 grants...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.023.  Approval of Institutions
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 than...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.025.  Nondiscrimination
The commission in administering this chapter shall ensure compliance with Title VI, Civil Rights Act of 1964
  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.026.  Application; Eligibility for Grant
(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 receive...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.028.  Adoption and Distribution of Rules
(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. ...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.029.  Annual Report
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 the...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.030.  Initial Implementation
(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) The...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.001.  Definitions
In this chapter: (1) Department means the Texas Department of Criminal Justice. (2) Institutional division means the institutional division of the department. (3) Project...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.003.  Administration
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. ...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.004.  Memorandum of Understanding--Adoption
(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 the...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.005.  Memorandum of Understanding--Contents
(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 and...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.006.  Project Director
(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 the...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.003.  Texans Work Program
(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, Human...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.005.  Powers and Duties of Commission and Division; Guidelines for Training Course Approval
(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 to...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.006.  Powers and Duties of Texas Department of Human Services
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. ...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.007.  Rights and Duties of Participating Employer
(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 the...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.008.  Rights of Regular Employees
(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 who...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.009.  Rights and Duties of Participating Trainees
(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 for...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.010.  Account
(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 Section...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.011.  Training Stipend
(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 by...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.012.  Report; Records
(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 the...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.001.  Definitions
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 that...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.002.  Self-Sufficiency Fund
(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, community-based...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.003.  Job-Training Programs
(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; (B)...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.004.  Rulemaking Authority
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 to...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.001.  Definitions
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) Network...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.002.  Child-Care Resource and Referral Network
(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
  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.003.  Statewide Child-Care Needs Assessment
(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. (b)...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.004.  Resource Services
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 (2)...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.005.  Referral Services
(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 seeking...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.006.  Advertisement of Services
(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 referral...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.007.  Collection of Child-Care Data
(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...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.008.  Rules
The commission may adopt rules necessary to implement this chapter. ...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.001.  Definitions
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 an...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.002.  Certification Standards
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, job...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.003.  Certified Program Agreements
(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 of...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.004.  Rulemaking
(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 each...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.005.  Commission Duties; Local Workforce Development Boards
(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 as...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 401.001.  Short Title
This subtitle may be cited as the Texas Workers' Compensation Act. ...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 401.002.  Application of Sunset 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 abolished...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 401.003.  Activities of the State Auditor
(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 controls;...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER B.  DEFINITIONS
      • 401.011.  General Definitions
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)....

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER B.  DEFINITIONS
      • 401.012.  Definition of Employee
(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:...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER B.  DEFINITIONS
      • 401.013.  Definition of Intoxication
(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 normal...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.021.  Application of Other Acts
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...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.022.  Discrimination Prohibited
(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 in...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.023.  Interest or Discount Rate
(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 quarterly,...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.024.  Transmission of Information
(a) In this section, electronic transmission means the transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method. (b)...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.001.  Membership Requirements
(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 made...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.0015.  Training Program for Commission Members
(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 under...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.004.  Voting Requirements
(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 two...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.005.  Removal of Commission Members
(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) does...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.006.  Prohibited Gifts; Administrative Violation
(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) A...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.007.  Meetings
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. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.008.  Chairman
(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. The...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.009.  Leave of Absence
(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....

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.010.  Civil Liability of 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. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.011.  Reimbursement
(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 subsection...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.012.  Conflict of Interest
(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 to...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.021.  Commission Divisions
(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 of...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.022.  Public Interest Information
(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 the...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.023.  Complaint Information
(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 must...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.024.  Public Participation
(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 jurisdiction...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.025.  Audit
The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL
      • 402.041.  Executive Director
(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 the...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL
      • 402.042.  General Powers and Duties of Executive Director
(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. (b)...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL
      • 402.043.  Administrative Assistants
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 who...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL
      • 402.044.  Career Ladder; Annual Performance Evaluations
(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 shall...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.061.  Adoption of Rules
The commission shall adopt rules as necessary for the implementation and enforcement of this subtitle. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.062.  Acceptance of Gifts, Grants, and Donations
(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 grant...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.063.  Appointment of Executive Director
The commission shall appoint the executive director of the commission. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.064.  Fees
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 provided...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.066.  Recommendations to Legislature
(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 than...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.0665.  Legislative Oversight
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 requirements...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.067.  Advisory Committees
The commission may appoint advisory committees as it considers necessary. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.068.  Delegation of Rights and Duties
Except as expressly provided by this subchapter, the commission may not delegate rights and duties imposed on it by this subchapter. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.070.  Annual Report
(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) The...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.071.  Representatives
(a) The commission shall establish qualifications for a representative and shall adopt rules establishing procedures for authorization of representatives. (b) A representative may receive a...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.072.  Sanctions
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...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION
      • 402.073.  Cooperation With State Office of Administrative Hearings
(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 law...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.083.  Confidentiality of Injury Information
(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) Information...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.085.  Exceptions to Confidentiality
(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 legislative...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.086.  Transfer of Confidentiality
(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. (b)...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.087.  Information Available to Prospective Employers
(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 for...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.088.  Report of Prior Injury
(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 more...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.089.  Failure to File Authorization; Administrative Violation
(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 Class...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.091.  Failure to Maintain Confidentiality; Offense; Penalty
(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 not...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER E.  RECORDS AND EMPLOYEE INFORMATION
      • 402.092.  Investigation Files Confidential
(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 the...

  • chapter 403.  COMMISSION FINANCING
    • 403.002.  Maintenance Taxes
(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 workers'...

  • chapter 403.  COMMISSION FINANCING
    • 403.003.  Rate of Assessment
(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 projected...

  • chapter 403.  COMMISSION FINANCING
    • 403.004.  Collection of Tax After Withdrawal From Business
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 in...

  • chapter 403.  COMMISSION FINANCING
    • 403.005.  Tax Rate Surplus or Deficit
(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 the...

  • chapter 403.  COMMISSION FINANCING
    • 403.006.  Subsequent Injury Fund
(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;...

  • chapter 403.  COMMISSION FINANCING
    • 403.007.  Funding of Subsequent Injury Fund
(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 of...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.001.  Definitions
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 on...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0015.  Application of Sunset Act
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 is...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.003.  Council Funding; Maintenance Tax
(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 the...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.004.  Board of Directors
(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, appointed...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0041.  Effect of Lobbying Activity
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 activities...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.005.  Service At-Will; Vacancy
(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...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0055.  Removal of Board Members
(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 during...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.007.  General Powers and Duties of Board
(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 research...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.008.  Executive Director; Appropriations Request
(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) The...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.009.  Research Agenda
(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 and...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0091.  Public Information; Accessibility
(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 council...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0092.  Resolution of Complaints
(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 the...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.010.  Coordination With Other State Agencies; Confidentiality
(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; (3)...

  • chapter 405.  LEGISLATIVE OVERSIGHT COMMITTEE [REPEALED]
    • § 405.001 to 405.006.  Repealed by Acts 1995, 74th Leg., ch. 907, § 2, eff. Aug. 30, 1995
...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.001.  Definition
In this subchapter, employer means a person who employs one or more employees. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.002.  Coverage Generally Elective
(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 is...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.004.  Employer Notice to Commission; Administrative Violation
(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 not...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.005.  Employer Notice to Employees; Administrative Violation
(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 employee...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.006.  Insurance Coverage and Claim Administration Reporting Requirements; Administrative Violation
(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 and...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.007.  Termination of Coverage by Employer; Notice
(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 day...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.008.  Cancellation or Nonrenewal of Coverage by Insurance Company; Notice
(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 cancellation...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.009.  Collecting and Maintaining Information; Monitoring and Enforcing Compliance
(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 may...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.010.  Claims Service; Administrative Violation
(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 act...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.011.  Austin Representative; Administrative Violation
(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...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.012.  Enforcement of Subchapter
The commission shall enforce the administrative penalties established under this subchapter in accordance with Chapter 415. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.031.  Liability for Compensation
(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;...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.032.  Exceptions
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 wilful...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER C.  COVERAGE THROUGH COMMERCIAL INSURANCE
      • 406.051.  Security by Commercial Insurance
(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. (b)...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER C.  COVERAGE THROUGH COMMERCIAL INSURANCE
      • 406.052.  Effect of Other Insurance Coverage
(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 also...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.071.  Extraterritorial Coverage
(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 be...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.072.  Principal Location
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 and...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.073.  Agreement on Principal Location; Administrative Violation
(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....

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.074.  Interjurisdictional Agreements
(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 jurisdiction...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.075.  Effect of Compensation Paid in Other Jurisdiction
(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 under...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.091.  Exempt Employees; Voluntary Coverage
(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;...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.094.  Certain Persons Licensed by Texas Real Estate Commission
(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 License...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.095.  Certain Professional Athletes
(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 greater...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.096.  Required Coverage for Certain Building or Construction Contractors
(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 insurance...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.123.  Election to Provide Coverage; Administrative Violation
(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 the...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.124.  Cause of Action
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 employer...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.125.  Restriction of Unsafe Work Practices Unaffected
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. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.126.  Exemption
This subchapter does not apply to farm or ranch employees. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.127.  Effect of Certain Contracts of Hire
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 is...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.142.  Application
This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing: (1) a residential structure; (2) a...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.143.  Provision of Workers' Compensation Insurance; Independent Contractor Without Employees
(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 insurance...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.144.  Election to Provide Coverage; Agreement
(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 contractor's...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.145.  Joint Agreement
(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 the...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.146.  Wrongful Inducement Prohibited
(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...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.161.  Definitions
In this subchapter: (1) Agricultural labor means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state. (2) Family...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.163.  Liability of Labor Agent; Joint and Several Liability
(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 other...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.164.  Elective Coverage of Employer and Family Members
(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. The...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.165.  Not Applicable to Independent Contractors
(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 perform...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 407.001.  Definitions
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....

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.021.  Division
The division of self-insurance regulation is a division of the commission. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.022.  Director
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.023.  Exclusive Powers and Duties of Commission
(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; and...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.024.  Claim or Suit
(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 for...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.041.  Application
(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: (1)...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.042.  Issuance of Certificate
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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.044.  Term of Certificate; Renewal
(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 stagger...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.045.  Withdrawal From Self-Insurance
(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 to...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.046.  Revocation of Certificate of Authority
(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 this...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.047.  Effect of Revocation
(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 occupational...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.061.  General Requirements
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.063.  Premium Requirements
(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 satisfactory...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.064.  General Security Requirements
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.065.  Specific Security Requirements
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.066.  Effect of Dispute
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.067.  Excess Insurance; Reinsurance; Administrative Violation
(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. (b)...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.081.  Annual Report
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.082.  Examination of Records; Administrative Violation
(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 information...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.083.  Payment of Insurance Agent's Commission
This chapter does not prohibit a certified self-insurer from paying a commission to an insurance agent licensed in this state. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.101.  Fund
(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 deposit...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.102.  Regulatory Fee
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.103.  Self-Insurer Maintenance Tax; Effect on General Maintenance Tax
(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 this...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.104.  Collection of Taxes and Fees; Administrative Violation
(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 60th...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.121.  Guaranty Association
(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) Each...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.122.  Board of Directors
(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; (2)...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.123.  Board Rules
(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. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.124.  Impaired Employer; Assessments
(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 shall...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.125.  Payment of Assessments
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 assessment....

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.127.  Payment of Benefits Through Association
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.128.  Possession of Security by Association
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, or...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.129.  Release of Claim Information to Association
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. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.130.  Association as Party in Interest
(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...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.131.  Preference
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 as...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.133.  Suspension or Revocation of Certificate for Failure to Pay Assessment
(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. The...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.001.  Exclusive Remedy; Exemplary Damages
(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 or...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.002.  Survival of Cause of Action
A right of action survives in a case based on a compensable injury that results in the employee's death. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.003.  Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits
(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 benefits...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.004.  Required Medical Examinations; Administrative Violation
(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 (2)...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.0041.  Designated Doctor Examination
(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 injury;...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.005.  Settlements and Agreements
(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 may...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.006.  Mental Trauma Injuries
(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 emotional...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.007.  Date of Injury for Occupational Disease
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.008.  Compensability of Heart Attacks
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 specific...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.021.  Entitlement to Medical Benefits
(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 health...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.022.  Selection of Doctor
(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 only...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0223.  Insurance Carrier Networks
(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 regional...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0221.  Regional Health Care Delivery Networks; Advisory Committee
(a) In this section: (1) Advisory committee means the Health Care Network Advisory Committee. (2) Regional network means a regional workers' compensation health care delivery...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0222.  Participation in Regional Network; Selection of Doctor Within Regional Network; Benefit Incentives
(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 network...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.023.  List of Approved Doctors; Duties of Treating Doctors
(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 1,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0231.  Maintenance of List of Approved Doctors; Sanctions and Privileges Relating to Health Care
(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; (2)...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.024.  Noncompliance With Selection Requirements
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 care...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.025.  Reports and Records Required From Health Care Providers
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.026.  Spinal Surgery
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.027.  Payment of Health Care Provider
(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 receives...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.028.  Pharmaceutical Services
(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 prescription...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.029.  Nurse First Assistant Services
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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.043.  Average Weekly Wage for Seasonal Employee
(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 as...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.044.  Average Weekly Wage for Minor, Apprentice, Trainee, or Student
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.0445.  Average Weekly Wage for Members of the State Military Forces
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 431.001,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.046.  Similar Employees, Services, or Employment
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 training...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.047.  State Average Weekly Wage
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.061.  Maximum Weekly Benefit
(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 income...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.062.  Minimum Weekly Income Benefit
(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 compute...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.063.  Wage Presumptions; Administrative Violation
(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 an...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.064.  Interest on Accrued Benefits
(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 unpaid...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.081.  Income Benefits
(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 when...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.082.  Accrual of Right to Income Benefits
(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 week,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.083.  Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
(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 401...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.084.  Contributing Injury
(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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.085.  Advance of Benefits for Hardship
(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 income...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.086.  Commission Determination of Extended Unemployment or Underemployment
(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 extended...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.101.  Temporary Income Benefits
(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 provided...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.102.  Duration of Temporary Income Benefits
(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 has...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.104.  Maximum Medical Improvement After Spinal Surgery
(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 spinal...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.105.  Salary Continuation in Lieu of Temporary Income Benefits
(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 contractual...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.121.  Impairment Income Benefits
(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 of...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.122.  Eligibility for Impairment Income Benefits; Designated Doctor
(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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.124.  Impairment Rating Guidelines
(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 this...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.125.  Dispute as to Impairment Rating
(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....

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.126.  Amount of Impairment Income Benefits
Subject to Sections 408.061 and 408.062, an impairment income benefit is equal to 70 percent of the employee's average weekly wage. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.128.  Commutation of Impairment Income Benefits
(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 at...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.141.  Award of Supplemental Income Benefits
An award of a supplemental income benefit, whether by the commission or a court, shall be made in accordance with this subchapter. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.142.  Supplemental Income Benefits
(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 an...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.143.  Employee Statement
(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 less...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.145.  Payment of Supplemental Income Benefits
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 continue...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.146.  Termination of Supplemental Income Benefits; Reinitiation
(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, the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.147.  Contest of Supplemental Income Benefits by Insurance Carrier; Attorney's Fees
(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 an...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.148.  Employee Discharge After Termination
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 Section...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.149.  Status Review; Benefit Review Conference
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.150.  Vocational Rehabilitation
(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 to...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.151.  Medical Examinations for Supplemental Income Benefits
(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 receiving...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER I.  LIFETIME INCOME BENEFITS
      • 408.161.  Lifetime Income Benefits
(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) loss...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.181.  Death Benefits
(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 death...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.182.  Distribution of Death Benefits
(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 eligible...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.183.  Duration of Death Benefits
(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. On...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.185.  Effect of Beneficiary Dispute; Attorney's Fees
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 in...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.186.  Burial Benefits
(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 actual...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.187.  Autopsy
(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 legal...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER K.  PROTECTION OF RIGHTS TO BENEFITS
      • 408.201.  Benefits Exempt From Legal Process
Benefits are exempt from: (1) garnishment; (2) attachment; (3) judgment; and (4) other actions or claims. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER K.  PROTECTION OF RIGHTS TO BENEFITS
      • 408.203.  Allowable Liens
(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 claim,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER L.  ATTORNEY'S FEES IN WORKERS' COMPENSATION BENEFIT MATTERS
      • 408.221.  Attorney's Fees Paid to Claimant's Counsel
(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 as...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER L.  ATTORNEY'S FEES IN WORKERS' COMPENSATION BENEFIT MATTERS
      • 408.222.  Attorney's Fees Paid to Defense Counsel
(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 by...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.002.  Failure to File Notice of 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 person...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.003.  Claim for Compensation
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 injury...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.004.  Failure to File Claim for Compensation
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:...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.005.  Report of Injury; Modified Duty Program Notice; Administrative Violation
(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) an...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.006.  Record of Injuries; Administrative Violation
(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 at...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.007.  Death Benefit Claims
(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 by...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.008.  Failure to File Employer Report of Injury; Limitations Tolled
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, or...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.009.  Subclaims
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 or...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.010.  Information Provided to Employee or Legal Beneficiary
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 services...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.011.  Information Provided to Employer; Employer's Rights
(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; (2)...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.012.  Vocational Rehabilitation Information
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.013.  Plain Language Information; Notification of Injured Worker
(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 in...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.021.  Initiation of Benefits; Insurance Carrier's Refusal; Administrative Violation
(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 injury,...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.022.  Refusal to Pay Benefits; Notice; Administrative Violation
(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 constitute...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.023.  Payment of Benefits; Administrative Violation
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.0231.  Payment by Electronic Funds Transfer
(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. The...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.0232.  Timeliness of Payments
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 before...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.024.  Termination or Reduction of Benefits; Notice; Administrative Violation
(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 after...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER C.  OMBUDSMAN PROGRAM
      • 409.042.  Designation as Ombudsman; Eligibility and Training Requirements; Continuing Education Requirements
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER C.  OMBUDSMAN PROGRAM
      • 409.043.  Employer Notification; Administrative Violation
(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 this...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER C.  OMBUDSMAN PROGRAM
      • 409.044.  Public Information
The commission shall widely disseminate information about the ombudsman program. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.001.  Definitions
In this chapter: (1) Director means the director of the division. (2) Division means the division of hearings. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.002.  Law Governing Liability Proceedings
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.003.  Application of Administrative Procedure and Texas Register Act
Except as otherwise provided by this chapter, Chapter 2001, Government Code does not apply to a proceeding under this chapter. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.004.  Division of Hearings
The division shall conduct benefit review conferences, contested case hearings, arbitration, and appeals within the commission related to workers' compensation claims. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.005.  Venue for Administrative Proceedings
(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 more...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.006.  Representation at Administrative Proceedings
(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 not...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.021.  Purpose
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 workers'...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.022.  Benefit Review Officers; Qualifications
(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 principles...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.023.  Request for Benefit Review Conference
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 to...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.025.  Scheduling of Benefit Review Conference; Notice
(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 shall...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.026.  Powers and Duties of Benefit Review Officer
(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;...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.027.  Rules
(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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.028.  Failure to Attend; Administrative Violation
(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....

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.029.  Resolution at Benefit Review Conference; Written Agreement
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.030.  Binding Effect of Agreement
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.031.  Incomplete Resolution; Report
(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....

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.033.  Multiple Carriers
(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 order...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.034.  Filing of Agreement and Report
(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 report...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.101.  Purpose
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 (3)...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.102.  Arbitrators; Qualifications
(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:...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.103.  Duties of Arbitrator
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 an...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.104.  Election of Arbitration; Effect
(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 used...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.105.  Lists of Arbitrators
(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 a...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.106.  Selection of Arbitrator
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 of...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.107.  Assignment of Arbitrator
(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 an...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.108.  Rejection of Arbitrator
(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 provided...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.109.  Scheduling of Arbitration
(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 scheduled...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.110.  Continuance
(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 due...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.111.  Rules
The commission shall adopt rules for arbitration consistent with generally recognized arbitration principles and procedures. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.112.  Exchange and Filing of Information; Administrative Violation
(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 not...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.113.  Duties of Parties at Arbitration; Attendance; Administrative Violation
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.114.  Testimony; Record
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.116.  Closing Statements; Briefs
The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.117.  Ex Parte Contacts Prohibited
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.118.  Award
(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 at...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.119.  Effect of Award
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.121.  Court Vacating 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, or...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.151.  Contested Case Hearing; Scope
(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 as...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.152.  Hearing Officers; Qualifications
(a) A hearing officer shall conduct a contested case hearing. (b) A hearing officer must be licensed to practice law in this state. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.155.  Continuance
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.156.  Attendance Required; Administrative Violation
(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 case...

  • chapter 1.  GENERAL PROVISIONS
    • 1.001.  Purpose of Code
(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 as...

  • chapter 1.  GENERAL PROVISIONS
    • 1.001.  Purpose of Code
(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 as...

  • chapter 1.  GENERAL PROVISIONS
    • 1.001.  Purpose of Code
(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 as...

  • chapter 1.  GENERAL PROVISIONS
    • 1.002.  Construction of Code
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. ...

  • chapter 1.  GENERAL PROVISIONS
    • 1.003.  Internal References
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...

  • chapter 1.  GENERAL PROVISIONS
    • 1.004.  Reference in Law to Statute Revised by Code
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.001.  Purposes
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.002.  Definitions
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 (B)...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.003.  General Powers and Duties of Commission
(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 or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.0035.  Civilian Workforce Composition
(a) The commission by rule shall biennially determine: (1) the percentage of the statewide civilian workforce composed of: (A) Caucasian Americans; (B) African Americans;...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.004.  Criminal Offense of Interference; Penalty
(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. (b)...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.005.  Effect on Other State or Federal Laws
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 federal...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.006.  Conformity With Federal Statutes
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 shall...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.007.  Privileged Communication; Immunity
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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.008.  Limited Severability
(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, that...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.009.  Joinder of Commission
(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 application...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.051.  Discrimination by Employer
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 individual,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.052.  Discrimination by Employment Agency
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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.053.  Discrimination by Labor Organization
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 from...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.054.  Admission or Participation in Training Program
(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 joint...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.055.  Retaliation
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, under...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.059.  Discriminatory Notice or Advertisement
(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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.101.  Age Discrimination Limited to Individuals of Certain Age
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 years...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.102.  Bona Fide Employee Benefit Plan; Production Measurement System
(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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.103.  Compulsory Retirement Permitted for Certain Employees
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 for...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.104.  Age Requirement for Peace Officers or Fire Fighters
An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.105.  Discrimination Based on Disability
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.107.  Effect on Abortion Benefits
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;...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.108.  Discrimination Based on Religion
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 observance,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.109.  Employment by Religious Organization
(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 religious...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.110.  Discrimination Based on National Origin
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 of...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.111.  Person Employed Out of State
This chapter does not apply to an employer with respect to the employment of a person outside this state. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.112.  Employees at Different Locations
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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.113.  Imbalance Plan not Required
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 origin,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.114.  Plan to End Discriminatory School Practices
A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.115.  Business Necessity
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 employer...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.116.  Reliance on Commission Interpretation or Opinion
(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) In...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.118.  Statewide Hometown Plan
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.119.  Bona Fide Occupational Qualification
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, performing...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.120.  Use or Possession of Controlled Substance
(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 defined...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.121.  Work Force Diversity Programs
An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.122.  Burden of Proof in Disparate Impact Cases
(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 employment...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.124.  Prohibition Against Discriminatory Use of Test Scores
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 scores...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.125.  Clarifying Prohibition Against Impermissible Consideration of Race, Color, Sex, National Origin, Religion, Age, or Disability in Employment Practices
(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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.126.  Coverage of Previously Exempt Employees of the State or Political Subdivision of the State
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 origin,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.127.  Expansion of Rights to Challenge Discriminatory Seniority Systems
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 seniority...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.128.  Reasonable Accommodation; Good Faith Effort
(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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.129.  Court-Ordered Remedies, Affirmative, Action Agreements, and Conciliation Agreements Not Affected
This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.151.  Enforcement by Ordinance
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.152.  Creation of Local Commission
(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 all...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.153.  General Powers and Duties of Local Commission
(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 of...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.154.  Investigatory and Conciliatory Powers of Local Commission
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.155.  Referral to Local Commission and Action on Complaints
(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 with...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.156.  Referral by Local Commission to State Commission
A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.201.  Filing of Complaint; Form and Content; Service
(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 under...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.202.  Statute of Limitations
(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 untimely...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.203.  Alternative Dispute Resolution; Office
(a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.205.  Lack of Reasonable Cause; Dismissal of Complaint
(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 unlawful...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.206.  Determination of Reasonable Cause; Review by Panel
(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 employment...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.207.  Resolution by Informal Methods
(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 conference,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.208.  Notice of Dismissal or Unresolved Complaint
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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.210.  Temporary Injunctive Relief
(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 this...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.211.  Election of Remedies
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 political...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.251.  Civil Action by Commission
(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 unlawful...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.252.  Notice of Complainant's Right to File Civil Action
(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 to...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.254.  Civil Action by Complainant
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.255.  Commission's Intervention in Civil Action by Complainant
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 general...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.256.  Statute of Limitations
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.257.  Assignment to Early Hearing
The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.258.  Injunction; Equitable Relief
(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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.2585.  Compensatory and Punitive Damages
(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 damages;...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.259.  Attorney's Fees; Costs
(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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.261.  Compelled Compliance
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.262.  Trial De Novo
(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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.302.  Records; Training Program
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 records...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.303.  Conformity to Federal Law
A report or record required by the commission under this subchapter must conform to a similar record or report required under
  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.304.  Confidentiality of Records
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 this...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.305.  Access to Commission Records
(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 is...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.306.  Subpoena of Record or Report
(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 may...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.401.  Definitions
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 medical...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.402.  Discriminatory Use of Genetic Information Prohibited
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.403.  Information Confidential; Exceptions
(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 not...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.404.  Right to Know Test Results
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 test...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.405.  Retention of Sample
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 sample...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.451.  Definition
In this subchapter, state agency does not include a public junior college as defined by Section 61.003, Education Code. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.452.  Development and Implementation of Personnel Policies and Procedures
Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.454.  Compliance Report
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 recommendations...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.455.  Reimbursement; Audit
(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. The...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.456.  Failure to Comply With Subchapter; Administrative Penalty
(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 a...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.501.  Workforce Analysis
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 job...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.502.  Recruitment Plan
Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.503.  Effect on Remedies Under Other Laws
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.504.  Annual Report
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 for...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.551.  Definition
In this subchapter, racial and ethnic group means Caucasian American, African American, or Hispanic American. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.552.  Equal Employment Opportunity Report Required
(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 calendar...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.553.  Cooperation With Comptroller and Uniform Statewide Accounting System; Report to Legislature
(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) The...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.554.  Form
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.556.  Required Compliance Training for State Agencies
(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 equal...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.001.  Definitions
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 man-made...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.003.  Liability; Reinstatement
(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 in...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.004.  Exemption; Emergency Services Personnel
(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 not...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.001.  Purpose
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. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.002.  Definitions
In this chapter: (1) Child means an individual under 18 years of age. (2) Commission means the Texas Employment Commission. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.003.  General Exemptions
(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...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.011.  Minimum Age
Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.012.  Performer Exemption
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. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.013.  Hours of Employment; Hardship Exemption
(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) 48...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.0145.  Use of Child for Sales and Solicitation
(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) an...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.015.  Operation of Motor Vehicle for Certain Commercial Purposes
(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 license...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.021.  Inspection; Collection of Information
(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 been...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.022.  Certificate of Age
(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 proof...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.023.  Rulemaking
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 by...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.024.  Powers of Commission; Penalty
(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 this...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.032.  Defense to Prosecution
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 valid...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.033.  Administrative Penalty
(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 that...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.041.  Definition
In this subchapter, asset means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.042.  Notice of Delinquency
(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 notify...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.043.  Duties of Notice Recipient
(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 received...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.044.  Levy
(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, the...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.045.  Notice Effect
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 are...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER A.  RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF EMPLOYMENT
      • 52.001.  Retail Employer
(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 not...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER A.  RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF EMPLOYMENT
      • 52.002.  Employer Formerly Subject to Saturday/Sunday Closing Law
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 Statutes),...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER A.  RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF EMPLOYMENT
      • 52.003.  Offense; Penalty; Defense
(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 under...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER B.  RESTRICTION ON WORK BY FOREIGN CREW
      • 52.011.  Prohibition of Certain Work by Foreign Crew; Penalty
(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 the...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER C.  RESTRICTIONS ON LENGTH OF HOES
      • 52.021.  Minimum Length of Hoe Handles
(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....

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER C.  RESTRICTIONS ON LENGTH OF HOES
      • 52.022.  Offense; Penalty
(a) A person commits an offense if the person violates Section 52.021. (b) An offense under this section is a Class C misdemeanor. ...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER D.  RESTRICTIONS ON BLACKLISTING
      • 52.031.  Blacklisting Offense; Penalty
(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 that...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER E.  RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
      • 52.041.  Coercion of Employee Trade; Penalty
(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, association,...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER F.  RESTRICTIONS ON PENALIZING EMPLOYEE FOR COMPLIANCE WITH SUBPOENA
      • 52.051.  Penalizing Employee for Compliance with Subpoena
(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, or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.001.  Definitions
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 an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.002.  Commission Duties
(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 investigations,...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.003.  Governmental Entities Excluded
This chapter does not apply to the United States, this state, or a political subdivision of this state. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.004.  Payment of Certain Fees for Service of Process
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 paid...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.005.  Effect of Refusal to Obey Commission Subpoena; Criminal Penalty
(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 or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.011.  Paydays
(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
  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.013.  Payment Other Than on Payday
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. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.014.  Payment After Termination of Employment
(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 an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.015.  Payment of Commissions and Bonuses
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.016.  Form of Payment
(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 for...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.017.  Delivery of Payment
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 employee...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.018.  Deduction From Wages
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 by...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.019.  Failure to Pay Wages; Criminal Penalty
(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 after...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.020.  Failure to Pay Wages; Attorney General Action
The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.031.  Bond
(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 an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.032.  Suit to Enforce Bond Requirement
(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 name...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.033.  Failure of Surety Company to Pay Verified Claim for Wages; Civil Penalty
(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...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.051.  Filing Wage Claim
(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 form...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.052.  Preliminary Wage Determination Order
(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 wage...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.053.  Bad Faith; Administrative Penalty
(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 assess...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.054.  Request for Hearing on Preliminary Order
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.055.  Preliminary Order Final if Hearing Not Requested
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 all...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.056.  Payment Required if Hearing Not Requested
(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 not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.057.  Notice; Time for Hearing
(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 received...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.058.  Hearing Procedures
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.059.  Commission Consideration of Preliminary Wage Determination Order
The commission may modify, affirm, or rescind a preliminary wage determination order. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.061.  Notice and Finality of Order
(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...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.062.  Judicial Review
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.063.  Payment to Commission; Escrow Pending Review; Waiver
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.064.  Payment to Employee
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 any...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.065.  Deposit of Penalty
The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.066.  Commission Action; Enforcement of Order
(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 this...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.081.  Creation and Attachment of Lien
(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....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.082.  Enforcement of Lien
(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 duties...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.083.  Filing; Fee
(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 the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.084.  Release of Lien
(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 paid,...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.091.  Notice of Delinquency
(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 or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.092.  Duties of Notice Recipient
(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 is...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.093.  Levy
(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, the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.094.  Notice Effect
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 not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.095.  Discharge of Liability
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 to...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.001.  Short Title
This chapter may be cited as the Texas Minimum Wage Act. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.002.  Definitions
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 agriculture;...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.003.  Earnings Statement
(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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.005.  Collective Bargaining Not Impaired
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 wages...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.051.  Minimum Wage
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
  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.052.  Tipped Employees
(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 of...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.054.  Certain Employees Subject to Call
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 for...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.055.  Special Wage for Certain Employees
(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 productive...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.056.  Medical Certificate
(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 employing...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.057.  Patients and Clients of Texas Department of Mental Health and Mental Retardation
(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 this...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.102.  Minimum Wage for Agricultural Piece Rate Workers
(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 not...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.103.  Piece Rate Determined by Commissioner
(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, the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.104.  Collection of Information
(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 each...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.105.  Computation of Piece Rate
(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 in...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.106.  Hearings
(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 from...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.107.  Order Establishing Piece Rate
(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 rate...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.108.  Rules
The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.109.  Appeal of Commissioner's Decision
(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. (b)...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.110.  Change in Piece Rate
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 a...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.111.  Annual Review of Piece Rates
The commissioner shall review each piece rate at least annually and shall determine if a new piece rate is needed. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.112.  Piece Rate for Certain Commodities Prohibited
(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 hourly...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.114.  Suspension of Piece Rate
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) any...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.151.  Person Covered by Federal Act
This chapter does not apply to a person covered by the Fair Labor Standards Act of 1938
  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.152.  Employment by Religious, Educational, Charitable, or Nonprofit Organization
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 the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.153.  Employment of Certain Professionals, Salespersons, and Public Officials
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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.155.  Employment of Certain Youths and Students
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 vocational...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.156.  Employment of Inmates
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 Justice...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.157.  Employment of Certain Family Members
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, or...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.158.  Certain Amusement and Recreational Establishments
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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.159.  Certain Employers Not Contributing to Unemployment Compensation Fund; Certificate
(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...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.160.  Agricultural Exemptions
(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 with...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.161.  Sheltered Workshops
A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.201.  Civil Penalty
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 equal...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.202.  Limitations
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. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.203.  Plaintiffs
(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 an...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.204.  Required Findings
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 been...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.205.  Attorney's Fees; Costs
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. ...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.001.  Assignment of Unearned Wages; Notice Required
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 is...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.002.  Exemption
This chapter does not affect Section 22.002, Education Code. ...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.001.  Definitions
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 otherwise....

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.002.  Redemption of Evidence of Indebtedness
(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 payday,...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.003.  Action to Enforce Redemption; Penalty
(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 refuses...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.001.  Definitions
In this chapter: (1) Clearinghouse means the Work and Family Policies Clearinghouse. (2) Commission means the Texas Employment Commission. (3) Committee means the Work and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.002.  Work and Family Policies Advisory Committee
(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 and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.003.  Work and Family Policies Clearinghouse
The Work and Family Policies Clearinghouse is within the commission. ...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.004.  Clearinghouse Powers and Duties
(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, policymakers,...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.0045.  Dependent Care Grant Program
(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 rules...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.006.  Work and Family Policies Fund
(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, and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.007.  Rules
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 the...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.008.  Gifts, Grants, and Donations
(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, or...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.009.  Work-Family Facilitator
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...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.001.  Definitions
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...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.003.  Notice
(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 home...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.004.  Corporation May Transfer Stock Ownership
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 treat...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.005.  Limited Effect
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 that...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.001.  Definitions
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 staff...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.002.  Rules
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.003.  Interagency Cooperation
(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 as...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.004.  Effect of Other Law on Clients and Employees
(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 is...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.005.  Application of Certain Procurement Laws
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 small,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.006.  Workers' Compensation Coverage
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.007.  Application of Labor Relations Laws
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
  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.011.  License Required
A person may not engage in or offer staff leasing services in this state unless the person holds a license issued under this chapter. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.012.  General License Requirements
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 experience...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.013.  Background Investigations
(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 each...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.014.  Net Worth Requirements
(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 if...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.015.  License Application
(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 shall...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.017.  Fees
(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 commission...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.018.  License Not Assignable; Change of Name or Location
(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 conduct...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.019.  Limited License
(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 section,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.020.  Grounds for Disciplinary Action
(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 is...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.021.  Sanctions
(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 51.353,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER C.  STAFF LEASING SERVICES AGREEMENT
      • 91.031.  Agreement; Notice
(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 give...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER C.  STAFF LEASING SERVICES AGREEMENT
      • 91.032.  Contract Requirements
(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 direction...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.041.  Employee Benefit Plans; Required Disclosure; Other Reports
(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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.042.  Workers' Compensation Insurance
(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) or...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.043.  Health Benefit Plans
(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
  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.044.  Unemployment Taxes; Payroll
(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 holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.045.  Posting Requirements
(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 holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.046.  Contractual Duties
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;...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.047.  Compliance with Other Laws
Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.048.  Required Information
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 the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.049.  Agent for Service of Process
Each license holder shall maintain a registered agent for the service of process in this state. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.061.  Prohibited Acts
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 staff...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.062.  Action by Attorney General
(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 warranto...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.063.  Criminal Penalty
(a) A person who violates Section 91.061 commits an offense. (b) An offense under this section is a Class A misdemeanor. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.002.  Definitions
In this chapter: (1) Commission means the Texas Commission of Licensing and Regulation. (2) Commissioner means the commissioner of licensing and regulation. (3) Common...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.003.  Agency Powers and Duties
The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.011.  License Required
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. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.012.  Exemptions From Licensing Requirement
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 labor...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.014.  License Application and Issuance
(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 and...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.015.  License Renewal
(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 the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.021.  License Holder as Employer
(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 the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.022.  Required Records; Confidentiality
(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 workers:...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.023.  Posting of Certain Information
(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 premises...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.024.  Labor Hall Requirements
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: (1)...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.025.  Certain Charges and Deductions Prohibited
(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 of...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER D.  CRIMINAL PENALTY
      • 92.031.  Criminal Penalty
(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 by...

  • chapter 93.  TEMPORARY EMPLOYMENT SERVICES
    • 93.002.  Prohibition
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 school...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.001.  Right to Organize
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.002.  Right to Influence Another Regarding 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 which...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.003.  Right to Bargain
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 by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.004.  Contract for Withholding Union Dues From Employee's Compensation Void Without Employee's Consent
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 to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.052.  Denial of Employment Based on Labor Union Membership Prohibited
A person may not be denied employment based on membership or nonmembership in a labor union. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.053.  Contract Requiring or Prohibiting Labor Union Membership Void
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 not...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.101.  Definitions
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 consideration...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.102.  Legislative Findings; Policy
(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 enterprises,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.103.  Liberal Construction
(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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.104.  Method of Election of Officers, Agents, Organizers, and Representatives
(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 by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.105.  Annual Election of Officers, Agents, Organizers, and Representatives
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.106.  Notice of Election
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 to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.107.  Results of Election
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 participating,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.108.  Certain Unions Excepted
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 three...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.110.  Labor Organizers; Organizer's Card
(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 organizer's...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.111.  Fee for Privilege to Work Prohibited
(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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.112.  Excessive Fees Prohibited
(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 reasonable...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.113.  Advance Fees
(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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.114.  Fee Receipt Required
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 person...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.116.  Member in Armed Forces
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 make...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.117.  Reasonable Time for Decision on Membership Required
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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.118.  Expulsion of Member
(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 be...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.119.  Records
(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) state...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.120.  Reports
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
  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.121.  Civil Penalty
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 state,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.122.  Enforcement by Civil Process
(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 writ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.123.  Offense; Penalty
(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:...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.124.  Enforcement Officers
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...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.151.  Definition
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 being...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.153.  Use of Insulting, Threatening, or Obscene Language Prohibited
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 other...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.154.  Picketing Intended to Secure Breach of Labor Agreement Prohibited
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 the...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.155.  Declaration or Publication of Continuation of Enjoined Picketing Prohibited
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 the...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.156.  Offense; Penalty
(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 this...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.201.  Secondary Picketing Prohibited
(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: (1)...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.202.  Offense; Penalty
(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 $...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.203.  Civil Liability
(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 of...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.204.  Enforcement
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. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.205.  Venue
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 resides;...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.251.  Definitions
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 concerning...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.252.  Liability of Labor Organization
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 competent...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.301.  Interference With Right to Work; Liability
(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 work,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.302.  Injunctive Relief
(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 relief...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.303.  Assignment of District Judge
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 the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 102.001.  Definition
In this chapter, board means an arbitration board appointed under this chapter. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.011.  Number of Board Members
A board established under this chapter must be composed of five members. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.012.  Employer Representation on Board
The employer may designate two arbitrators to serve on the board. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.013.  Employee Representation on 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,...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.014.  Chairman
(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 arbitrator...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.016.  Arbitrator's Consent to Act
(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...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER C.  POWERS AND DUTIES OF BOARD AND OFFICERS
      • 102.022.  Chairman's Duties
(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 the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER C.  POWERS AND DUTIES OF BOARD AND OFFICERS
      • 102.023.  Issuance of Subpoenas
(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. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER D.  PARTY CONDUCT
      • 102.031.  Employee Termination Restricted
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) the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER D.  PARTY CONDUCT
      • 102.032.  Prohibitions Against Strikes or Boycotts
(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 against...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER E.  FILINGS WITH BOARD; HEARINGS
      • 102.041.  Written Submission of Dispute or Grievance
(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 employees...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER E.  FILINGS WITH BOARD; HEARINGS
      • 102.042.  Hearing; Notice
(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 place...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER F.  COURT FILINGS AND ORDERS
      • 102.051.  Arbitration Petition
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 board...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER F.  COURT FILINGS AND ORDERS
      • 102.052.  Court Order Required
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 and...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.061.  Surety Bond
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 procedure....

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.063.  Reimbursement of Witness
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 from...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER G.  EXPENSES AND FEES
      • 102.064.  Fees
(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 be...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER H.  AWARD AND APPEALS
      • 102.071.  Termination of Board's Power
Except as provided by Section 102.072, a board's power ends on the determination of the grievance or dispute by the board. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER H.  AWARD AND APPEALS
      • 102.072.  Additional Dispute or Grievance
(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 the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER H.  AWARD AND APPEALS
      • 102.073.  Copies of Award; Issuance
(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 the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER H.  AWARD AND APPEALS
      • 102.075.  Appeals
(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 entered....

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.001.  Purpose; Legislative Finding
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 the...

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.002.  Definitions
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 or...

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.003.  Authorized Disclosure; Application to Certain 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 employer...

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.004.  Immunity From Civil Liability; Employer Representatives
(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 that...

  • chapter 103.  DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES
    • 103.005.  Employment Reference
This chapter does not require an employer to provide an employment reference to or about a current or former employee. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 201.001.  Short Title
This subtitle may be cited as the Texas Unemployment Compensation Act. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 201.002.  Application of Sunset 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 1,...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER B.  GENERAL DEFINITIONS
      • 201.011.  General Definitions
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER B.  GENERAL DEFINITIONS
      • 201.012.  Definition of Misconduct
(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, intentional...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.021.  General Definition of Employer
(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) employed...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.022.  Effect of Business Acquisition
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 that...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.023.  Tax-Exempt Nonprofit Organization
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
  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.024.  Election to be Employer
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. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.025.  Employer Under Federal Law
In this subtitle, employer also means: (1) an employing unit that is liable for the payment of taxes under the Federal Unemployment Tax Act
  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.026.  State; Political Subdivision
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 states...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.027.  Employer of Domestic Service Worker
(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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.028.  Employer of Farm and Ranch Laborer
(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 Section...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.029.  Temporary Help Firm
For purposes of this subtitle, a temporary help firm is the employer of an individual employed by the firm as a temporary employee. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER C.  DEFINITION OF EMPLOYER
      • 201.030.  Staff Leasing Services Company
For the purposes of this subtitle, staff leasing services company has the meaning assigned by Section 91.001. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.041.  General Definition of Employment
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 shown...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.042.  Service of Driver or Salesman
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.043.  Location of Service
(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 not...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.044.  Service Under Reciprocal Agreement
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 that...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.045.  Service on Vessel or Aircraft
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.046.  Employment to Assist Employee or Agent
(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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.047.  Farm and Ranch Labor as Employment
(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) is...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER D.  DEFINITION OF EMPLOYMENT
      • 201.048.  Service for Indian Tribe
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 of...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.061.  Service Eligible Under Act of Congress
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. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.062.  Service Under Arrangement With Agency
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 compensation...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.063.  Certain Government Service
(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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.064.  Domestic Service
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 employer...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.066.  Religious Service
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 is...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.067.  Rehabilitative Service; Work Relief
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.068.  Service in Hospital
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 regularly...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.069.  Service of Student
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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.070.  Service as Product Demonstrator; Salesman
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.072.  Service as Real Estate Broker
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 by...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.073.  Delivery Service; Newspaper Delivery Service
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 accept...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.074.  Service by Inmate
In this subtitle, employment does not include service performed by an inmate of a custodial or penal institution. ...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.075.  Service on Fishing Vessel
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 the...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER E.  EXCEPTIONS TO EMPLOYMENT
      • 201.077.  Service by Landman
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 for...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER F.  DEFINITION OF WAGES
      • 201.082.  Exceptions to Wages
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...

  • chapter 201.  UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS  
    • SUBCHAPTER G.  TOTAL AND PARTIAL UNEMPLOYMENT
      • 201.091.  Total and Partial Unemployment
(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 the...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION [RENUMBERED]
      • § 202.001 to 202.006.  Renumbered as V.T.C.A., Labor Code §§ 301.002 to 301.007 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER C.  AGENCY ADMINISTRATOR AND PERSONNEL
      • § 202.041 to 202.043.  Renumbered as V.T.C.A., Labor Code §§ 301.041 to 301.043 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION [RENUMBERED]
      • § 202.061 to 202.066.  Renumbered as V.T.C.A., Labor Code §§ 301.061 to 301.066 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 202.  TEXAS EMPLOYMENT COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS [RENUMBERED]
      • § 202.071 to 202.074.  Renumbered as V.T.C.A., Labor Code §§ 301.071 to 301.074 by Acts 1995, 74th Leg., ch. 655, § 11.02(b), eff. Sept. 1, 1995
...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.001.  Definitions
In this chapter: (1) Administration fund means the unemployment compensation administration fund created under Section 203.151. (2) Federal trust fund means the unemployment trust...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.004.  Deposit of Funds; Exception
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) the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 203.005.  Application of Other Law
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 as...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.030.  Reimbursement From or to Compensation Fund Under Reciprocal Arrangement
(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 under...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.031.  Nonliability of State
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 amount...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER B.  UNEMPLOYMENT COMPENSATION FUND
      • 203.032.  Management of Compensation Fund on Discontinuance of Federal Trust Fund
(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 United...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.102.  Advance Interest Trust Fund
(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:...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.103.  Transfer to Special Administration Fund
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 administration...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.104.  Transfer From Advance Interest Trust Fund to Compensation Fund
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 that...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER C.  ADVANCES FROM FEDERAL TRUST FUND
      • 203.105.  Additional Tax
(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 the...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.152.  Use of Administration Fund
(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 fund...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.153.  Renumbered as V.T.C.A., Labor Code § 307.003 by Acts 1995, 74th Leg., ch. 655, § 11.08, eff. Sept. 1, 1995
...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER D.  ADMINISTRATION FUND
      • 203.154.  Reimbursement of Administration Fund
(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
  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER E.  SPECIAL ADMINISTRATION FUND
      • 203.201.  Special Administration Fund
(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 this...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER E.  SPECIAL ADMINISTRATION FUND
      • 203.202.  Use of Special Administration Fund
(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 fund...

  • chapter 203.  FINANCING AND FUNDS  
    • SUBCHAPTER E.  SPECIAL ADMINISTRATION FUND
      • 203.203.  Refund of Penalties
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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.001.  Definition
In this chapter, manual means the North American Industrial Classification System Manual published by the United States Office of Management and Budget. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.003.  Contribution Not Deducted From Wages
An employer may not deduct any part of a contribution from the wages of an individual in the employer's employ. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.004.  Assignment to Major Group
The commission shall assign each employer to a major group in accordance with the definitions contained in the manual. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.006.  Initial 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...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.0065.  Expired
...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.007.  Special Rate; Certain Employers Engaged in Agriculture
(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, cotton...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.008.  Time Benefits Are Paid
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. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 204.009.  Application to Labor Agent
(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 factor...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.021.  Chargebacks
(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 an...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.023.  Notice Sent at Time Benefits Paid
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 mailed...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.024.  Protest of Potential Chargebacks
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 notice...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.026.  Judicial Review of Protest
(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 rehearing,...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER B.  CHARGEBACKS
      • 204.027.  Notice, Protest, and Appeal--Notice Sent at Time of Claim
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.041.  Tax on Experience-Rated Employers
(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 Section...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.042.  Tax Rate Table
If the replenishment ratio is

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.044.  Benefit Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.045.  Replenishment Ratio
(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) rounding...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.046.  Effectively Charged Benefits
(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 liability...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.047.  Tax Rate Computation Date for Experience Tax Rate
(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 by...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER C.  GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.048.  Voluntary Contributions
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.061.  Ceiling and Floor of Compensation Fund
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 preceding...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.062.  Replenishment Tax
(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 numerator...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.0625.  Expired
...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.063.  Deficit Tax
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.064.  Deficit Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER D.  ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
      • 204.066.  Surplus Ratio
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.081.  Definition
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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.083.  Acquisition of All of Experience-Rated Organization, Trade, or Business
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 experience...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.085.  Contribution Rate for Successor Employer
(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 the...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER E.  ACQUISITION OF EXPERIENCE-RATED EMPLOYER
      • 204.086.  Collection of Contribution, Penalty, or Interest From Successor Employer
(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 of...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.101.  Contribution From Governmental Employer
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 in...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.102.  Contribution Not Deduction From Wages
A contribution paid by a governmental employer may not be deducted from the wages of individuals in the employer's employ. ...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.103.  Rate of Contributions for Governmental Employers
(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...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.104.  Accounting for Governmental Employers
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 rates...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.105.  Past Due Contributions
(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 other...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER F.  SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
      • 204.106.  Reports and Records
(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 governmental...

  • chapter 204.  CONTRIBUTIONS  
    • SUBCHAPTER G.  EMPLOYMENT TRAINING INVESTMENT ASSESSMENT; FUNDS [EXPIRED]
      • § 204.121 to 204.124.  Expired
...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER A.  ELECTION TO BECOME REIMBURSING EMPLOYER
      • 205.001.  Reimbursements or Contributions by Governmental Entity
(a) A state, a political subdivision of a state, an Indian tribe, or an instrumentality of a state, political subdivision of a state, or Indian tribe may elect to pay reimbursements for benefits...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER A.  ELECTION TO BECOME REIMBURSING EMPLOYER
      • 205.002.  Election by Nonprofit Organization
(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....

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER A.  ELECTION TO BECOME REIMBURSING EMPLOYER
      • 205.003.  Commission Termination of Election
(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 section...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER A.  ELECTION TO BECOME REIMBURSING EMPLOYER
      • 205.004.  Election by Indian Tribe
(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 the...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.012.  Payment of Reimbursement
A reimbursing employer shall pay a reimbursement to the commission in accordance with this chapter and rules adopted by the commission. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER B.  GENERAL PROVISIONS
      • 205.019.  Reimbursement From Non-Treasury Funds
(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...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.022.  Duration and Termination of Group Account
(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 group....

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.023.  Group Member's Reimbursement Amount
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 the...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.024.  Reports and Records
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. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER C.  GROUP ACCOUNT
      • 205.025.  Commission Rules
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 type...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER D.  BONDS AND OTHER SAFEGUARDS
      • 205.031.  Bond
(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...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER D.  BONDS AND OTHER SAFEGUARDS
      • 205.032.  Additional Safeguards
The commission may provide additional safeguards as necessary to ensure that a reimbursing employer pays the reimbursements required under Subchapters B and C. ...

  • chapter 205.  REIMBURSEMENTS  
    • SUBCHAPTER E.  STATE ELECTIONS
      • 205.041.  State Election to be Reimbursing Employer
(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) an...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.002.  Election of Coverage as Employer
(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 employing...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.003.  Election of Coverage Regarding Services Not Constituting Employment
(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 distinct...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.004.  Termination of Coverage
(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;...

  • chapter 206.  UNEMPLOYMENT INSURANCE COVERAGE
    • 206.005.  Previous Rights Lost by Cessation of Coverage
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 unit...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.002.  Benefits for Total Unemployment
(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 employment...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.003.  Benefits for Partial Unemployment
(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:...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.004.  Benefit Wage Credits
(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 to...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.005.  Maximum Amount of Benefits
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 of...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.006.  Adjustment of Benefits
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. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.007.  Fees Limitation; Legal Representation; Criminal Offense; Penalty
(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 (2)...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.008.  Suitable Work
(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 of...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER A.  PAYMENT OF BENEFITS
      • 207.009.  Payment of Benefits by Indian Tribe
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 paid...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.021.  Benefit Eligibility Conditions
(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 and...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.022.  Commission-Approved Training
(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 in...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.023.  Training Under the Trade Act of 1974
(a) This section applies only to training approved under Section 236(a)(1) of the Trade Act of 1974
  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.024.  Claim Filed or Residence in Another State or Country
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 another...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER B.  BENEFIT ELIGIBILITY
      • 207.025.  Pregnancy or Termination of Pregnancy
Benefits may not be denied to an individual solely because of pregnancy or termination of pregnancy. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.041.  Services in Educational Institutions
(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 beginning...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.042.  Athletes
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 or...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.043.  Aliens
(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 were...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.045.  Voluntarily Leaving Work
(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 by...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.046.  Involuntary Separation
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 make...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.048.  Labor Disputes
(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 a...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.050.  Receipt of Pension or Annuity
(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 pension,...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.051.  Sale of Business
(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 the...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.052.  Leaving Work to Attend Educational Institution
(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....

  • chapter 207.  BENEFITS  
    • SUBCHAPTER C.  EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
      • 207.053.  Refusal to Treat Communicable Disease
(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 the...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.073.  Prohibited Deduction From Wages
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. ...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.074.  Criminal Offense; Penalty
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 less...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.075.  Assignment of Benefits Prohibited; Benefit Exemptions
(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....

  • chapter 207.  BENEFITS  
    • SUBCHAPTER D.  PROTECTION OF BENEFIT RIGHTS
      • 207.076.  Equal Treatment
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 is...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.092.  Disclosure of Child Support Obligations
(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 support...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.093.  Withholding of Child Support by Commission
(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 legal...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER E.  CHILD SUPPORT OBLIGATIONS
      • 207.094.  Federal Law Requirement
(a) This subchapter and Section 207.075(e) are enacted because Section 303(e) of the Social Security Act
  • chapter 207.  BENEFITS  
    • SUBCHAPTER F.  TAX WITHHOLDING
      • 207.101.  Withholding From Benefits for Federal Income Tax
(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 the...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.111.  Definitions
In this subchapter: (1) State agency has the meaning assigned by Section 3(n), Food Stamp Act of 1977
  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.112.  Application
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 are...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.113.  Required Disclosure; Notice to Food Stamp Agency
(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 an...

  • chapter 207.  BENEFITS  
    • SUBCHAPTER G.  WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
      • 207.114.  Withholding
(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 the...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.001.  Filing; Information Notices
(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 accordance...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.002.  Notice of Initial Claim
(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 the...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER A.  FILING OF CLAIM
      • 208.004.  Notification of Adverse Facts Affecting Claim; Waiver
(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 to...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.021.  Initial Claim Determination
(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...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.022.  Notice of Initial Claim Determination
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. ...

  • chapter 208.  BENEFIT CLAIMS  
    • SUBCHAPTER B.  CLAIM DETERMINATION
      • 208.023.  Request for Redetermination or Appeal by Claimant
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 209.002.  Application of Provisions Relating to Regular Benefits
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 the...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 209.003.  Findings
(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 or...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.021.  Beginning and Ending Dates for Extended Benefit Period
(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 before...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.023.  Rate of Insured Unemployment
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 regular...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER B.  DETERMINATION OF EXTENDED BENEFIT PERIOD
      • 209.024.  Public Announcement of Extended Benefit Period
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. ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.042.  Exhaustion of Regular Benefits
(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)...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.044.  Requirement to Accept or Apply for Suitable 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 of...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.045.  Employment Service Referrals to Suitable Work
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). ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.046.  Exceptions to Requirement to Accept or Apply for Suitable Work
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 writing...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.048.  Duration of Ineligibility; Work Requirements
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...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.049.  Ineligibility Due to Disqualification
(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 been...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER C.  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
      • 209.050.  Interstate Claim
(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 benefit...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER D.  AMOUNT OF EXTENDED BENEFITS
      • 209.061.  Weekly Extended Benefit Amount
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...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER D.  AMOUNT OF EXTENDED BENEFITS
      • 209.063.  Effect of Trade Readjustment Allowances
(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 for...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.081.  Unemployment Compensation Fund
(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. ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.082.  Charges to Reimbursing Employer
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 same...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.083.  Charges to Taxed Employer
(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 regular...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.0845.  Charges to Indian Tribe
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. ...

  • chapter 209.  EXTENDED BENEFITS  
    • SUBCHAPTER E.  FINANCING OF EXTENDED BENEFITS
      • 209.085.  Notice to Taxed Base Period Employer
(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 maximum...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.001.  Notice of Back Pay Award Reduction
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 the...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.002.  Reimbursement by Employer for Reduction of Back Pay Award
(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 the...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER A.  BACK PAY AWARDS
      • 210.003.  Employee's Liability; Sole Liability of Employer
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 reimburse...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER B.  LOST OR MISPLACED WARRANTS
      • 210.011.  Replacement for Lost or Misplaced Warrant
(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:...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER B.  LOST OR MISPLACED WARRANTS
      • 210.012.  Deadline for Payment of 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. ...

  • chapter 210.  BACK PAY AWARDS; LOST OR MISPLACED WARRANTS  
    • SUBCHAPTER B.  LOST OR MISPLACED WARRANTS
      • 210.013.  Deadline for Issuance of Replacement Warrant
A replacement warrant may not be issued under this chapter after the first anniversary of the date of the original warrant. ...

  • chapter 211.  RECIPROCAL ARRANGEMENTS
    • 211.001.  Location of Service for Unemployment Insurance Purposes
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 an...

  • chapter 211.  RECIPROCAL ARRANGEMENTS
    • 211.003.  Combination of Wages and Employment
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 employment...

  • chapter 211.  RECIPROCAL ARRANGEMENTS
    • 211.004.  Offset for Overpayment of Unemployment Benefits
(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) an...

  • chapter 211.  RECIPROCAL ARRANGEMENTS
    • 211.005.  Interstate or Foreign Commerce
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 or...

  • chapter 211.  RECIPROCAL ARRANGEMENTS
    • 211.006.  Reciprocal Treatment by Federal Agency
(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:...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 212.002.  Record
(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. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 212.003.  Witness Fees
(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. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 212.004.  Payment of Benefits Pending Appeal
(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...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 212.005.  Chargeback on Reversal of Determination or Decision Allowing Benefits Prohibited
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 the...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 212.006.  Recovery of Benefits Paid
(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 commission,...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER B.  EXAMINERS
      • 212.051.  Determination by Examiner on Notification
(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 is...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER B.  EXAMINERS
      • 212.052.  Determination by Examiner on Examiner's Own Motion
(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 issue...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER B.  EXAMINERS
      • 212.054.  Redetermination by Examiner
(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, the...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.101.  Establishment of Appeal Tribunals
(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 disposal...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.103.  Notice of Appeal Tribunal Action
The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.104.  Decision Considered Final Commission 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 decision...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER C.  APPEAL TRIBUNALS
      • 212.105.  Removal or Transfer of Claim Pending Before Appeal Tribunal
(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 a...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER D.  COMMISSION REVIEW
      • 212.151.  Review of Appeal Tribunal Decision
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...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER D.  COMMISSION REVIEW
      • 212.152.  Notice of Commission Action
The commission promptly shall mail to the parties before it a copy of its findings and decision. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER D.  COMMISSION REVIEW
      • 212.153.  Finality of Commission 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 the...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.201.  Commencement of Judicial Review; Defendants
(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 against...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.203.  Exhaustion of Remedies
(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 commission...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.204.  Filing of Action
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;...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.205.  Petition; Supersedeas
(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. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.206.  Commission Considered Party to Judicial Review; Notice of Petition
(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:...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.207.  Representation of Commission
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...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.208.  Precedence Over Other Civil Actions
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. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.209.  Entry of Commission Order on Final Determination of Judicial Proceeding
The commission shall enter an order in accordance with the final determination of an action under this subchapter. ...

  • chapter 212.  DISPUTE RESOLUTION  
    • SUBCHAPTER E.  JUDICIAL REVIEW OF COMMISSION DECISION
      • 212.210.  Appeal Bond Not Required
An appeal bond is not required in an appeal from a decision of a trial court in an action under this subchapter. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.001.  Representation in Court
(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...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.002.  Prosecution of Criminal Actions
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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.003.  Admissibility of Certified Copy of Commission Record
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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.004.  Admissibility of Report or Audit; Prima Facie Evidence
(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 interest...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.005.  Costs Adjudged Against State or Commission
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 the...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.006.  Priority of Claim for Contribution
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, composition,...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.007.  Collateral Estoppel Doctrine Inapplicable
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 or...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.008.  Election of Collection Remedies
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 subtitle...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.009.  Commission Enforcement of Out-of-State Judgment
(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...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER A.  GENERAL ENFORCEMENT PROVISIONS
      • 213.010.  Notice to Indian Tribes
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) will...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.021.  Interest on Past Due Contribution
(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 each...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.022.  Penalty for Failure to File Report
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) $...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.023.  Penalty for Other Violation
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 or...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.024.  Penalty for Continuing Violation
(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 under...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER B.  EMPLOYER PENALTIES AND INTEREST
      • 213.025.  Additional Interest on Judgment or Final Assessment for Past Due Contribution
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 the...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.031.  Collection Required; Methods
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 of...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.032.  Service of Notice of Assessment; Contents as Prima Facie Evidence; Judicial Review; Effect
(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 facie...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.033.  Limitations
(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 anniversary...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.035.  Costs
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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER C.  COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
      • 213.036.  Abstract of Judgment; Abstract of Assessment; Fee; Release
(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 warrant...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.051.  Forfeiture of Right to Employ Individuals in this State; Bond
(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 unsatisfied,...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.052.  Injunction Restraining Certain Violations
(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 collection...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.053.  Violation of Injunction; Receiver
(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 and...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.054.  Offset Against State Warrant
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 withholding...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.055.  Audit of Employer
(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...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.056.  Estimated Taxable Wages if Report Not Filed
(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 the...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.057.  Tax Lien
(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 attaches...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.058.  Additional Tax Lien Enforced by Commission
(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. (b)...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER D.  OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
      • 213.060.  Enforcement Against Indian Tribe
(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 collection...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER E.  ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
      • 213.071.  Credit or Refund of Overpayment
(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 the...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER E.  ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
      • 213.072.  Application
(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: (1)...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER E.  ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
      • 213.073.  Appeal of Commission Determination
(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 commission...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER E.  ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
      • 213.074.  Interest Not Allowed
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. ...

  • chapter 213.  ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT  
    • SUBCHAPTER E.  ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
      • 213.075.  Adjustment or Refund on Commission Initiative
The commission may make an adjustment or refund on its own initiative under this subchapter within the period prescribed by this subchapter. ...

  • chapter 214.  OFFENSES, PENALTIES, AND SANCTIONS
    • 214.002.  Liability for Improperly Obtaining Benefits
(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 improper...

  • chapter 214.  OFFENSES, PENALTIES, AND SANCTIONS
    • 214.004.  Fraudulently Avoiding Contribution or Payment of Benefits
(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 of...

  • chapter 214.  OFFENSES, PENALTIES, AND SANCTIONS
    • 214.005.  Failure or Refusal to Make Contribution or Other 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 this...

  • chapter 214.  OFFENSES, PENALTIES, AND SANCTIONS
    • 214.006.  Offenses Regarding Reports and Records
(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 of...

  • chapter 214.  OFFENSES, PENALTIES, AND SANCTIONS
    • 214.007.  General Offense
(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 the...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 215.001.  Definitions
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. (2)...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 215.002.  Shared Work Unemployment Compensation Program
(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 work...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER B.  SHARED WORK PLAN
      • 215.021.  Approval Required for Employer Plan
(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) If...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER B.  SHARED WORK PLAN
      • 215.022.  Requirements of Shared Work Plan
(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 by...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER B.  SHARED WORK PLAN
      • 215.024.  Effective Date of Shared Work Plan; Expiration or Termination
(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 date...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER B.  SHARED WORK PLAN
      • 215.025.  Modification of Shared Work Plan
(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) Before...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER B.  SHARED WORK PLAN
      • 215.026.  Participating Employer's Report on Plan Operation
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 the...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER C.  SHARED WORK BENEFITS
      • 215.041.  Employee's Eligibility for Shared Work Benefits
(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 plan...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER C.  SHARED WORK BENEFITS
      • 215.042.  Shared Work Benefits Formula
(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 period...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER C.  SHARED WORK BENEFITS
      • 215.043.  Limitations on Benefits
(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 year...

  • chapter 215.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM  
    • SUBCHAPTER C.  SHARED WORK BENEFITS
      • 215.044.  Extended Benefits
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 under...

  • chapter 216.  COMMUNITIES IN SCHOOLS PROGRAM [RENUMBERED]  
    • SUBCHAPTER A.  GENERAL PROVISIONS [RENUMBERED]
      • § 216.001, 216.002.  Renumbered as V.T.C.A., Labor Code §§ 305.001, 305.002 by Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995
...

  • chapter 216.  COMMUNITIES IN SCHOOLS PROGRAM [RENUMBERED]  
    • SUBCHAPTER B.  OPERATION OF PROGRAM [RENUMBERED]
      • § 216.011 to 216.013.  Renumbered as V.T.C.A., Labor Code §§ 305.011 to 305.013 by Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995
...

  • chapter 216.  COMMUNITIES IN SCHOOLS PROGRAM [RENUMBERED]  
    • SUBCHAPTER C.  PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS [RENUMBERED]
      • § 216.021, 216.022.  Renumbered as V.T.C.A., Labor Code §§ 305.021, 305.022 by Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995
...

  • chapter 216.  COMMUNITIES IN SCHOOLS PROGRAM [RENUMBERED]  
    • SUBCHAPTER C.  PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS [RENUMBERED]
      • § 216.021, 216.022.  Renumbered as V.T.C.A., Labor Code §§ 305.021, 305.022 by Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995
...

  • chapter 216.  COMMUNITIES IN SCHOOLS PROGRAM [RENUMBERED]  
    • SUBCHAPTER D.  PROGRAM FUNDING [RENUMBERED]
      • 216.031.  Renumbered as V.T.C.A., Labor Code § 305.031 by Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995
...

  • chapter 217.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • § 217.001 to 217.006.  Renumbered as V.T.C.A., Labor Code §§ 306.001 to 306.006 by Acts 1995, 74th Leg., ch. 655, § 11.06, eff. Sept. 1, 1995
...

  • chapter 217.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 217.007.  Renumbered as V.T.C.A., Labor Code § 306.007 by Acts 1997, 75th Leg., ch. 165, § 22.01, eff. Sept. 1, 1997
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.001.  Purpose; Agency Goals; Definitions
(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 training,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.002.  Membership Requirements
(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 whom...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.003.  Member Restrictions
(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 an...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.004.  Effect of Lobbying Activity
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 so...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.006.  Private Industry Council; Local Workforce Development Board
For the purposes of this chapter, private industry council refers to both: (1) the entity described as a private industry council by the federal Act; and (2) a local workforce...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.006.  Chair
(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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.007.  Removal of Commission Members
(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 least...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.008.  Application of Sunset Act
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 1,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION OF COMMISSION
      • 301.009.  Commission Divisions
(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),...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.021.  Donations
(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 open...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.022.  Audit
The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. ...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.023.  Complaints
(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 with...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.024.  Official Seal; Use of Facsimiles
(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 seal,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • 301.026.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 876, § 14.03, eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • § 301.027, 301.028.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER B.  COMMISSION ADMINISTRATION
      • § 301.027, 301.028.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.041.  Executive Director; Agency Personnel
(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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.043.  Standards of Conduct Information
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 laws...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.044.  Career Ladder
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 positions...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • 301.045.  Equal Employment Opportunity Policies
(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 are...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER C.  EXECUTIVE DIRECTOR; AGENCY PERSONNEL
      • § 301.046 to 301.053.  Repealed by Acts 1995, 74th Leg., ch. 655, § 11.02(a), eff. Sept. 1, 1995
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0615.  Application of Administrative Procedure Act
(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 2001,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.062.  Findings
Both the commission and the executive director may make findings and determine issues under this title as necessary to administer this title. ...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.063.  State and Federal Cooperation
(a) The commission is designated as the agency of this state for implementation in this state of: (1) the Wagner-Peyser Act
  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.064.  Interpreter Services; Bilingual Forms
(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 provide...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.065.  Annual Report
(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 commission's...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.066.  Publications
(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. (b)...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.067.  Tax Assistance; Information on Earned Income Tax Credit
(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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0671.  Federal Work Opportunity Tax Credit and State Tax Refund for Certain Employers
(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 commission,...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0672.  Expired
...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.0674.  Pilot Program: Technology Training
(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 adult...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR
      • 301.068.  Development Accounts for Certain Low-Income Individuals; Pilot Program
(a) In this section, nonprofit organization includes a community development organization, minority economic development organization, community-based organization, and affordable housing...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.071.  Investigative and Subpoena Powers
(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 executive...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.072.  Enforcement of Subpoena; Offense; Penalties
(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, on...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.073.  Self-Incrimination
(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 from...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER E.  INVESTIGATIVE AND SUBPOENA POWERS
      • 301.074.  Defamation
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 be...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.081.  Employee Records of Employing Unit; Offense; Penalty
(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 to...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.082.  Copies of Records
(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 person....

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.083.  Access to Records by Railroad Retirement Board
(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 Railroad...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER F.  RECORDS
      • 301.084.  Destruction of Records
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 the...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.101.  Definition
In this subchapter, wages has the meaning assigned by Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986
  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.102.  Tax Refund Voucher
(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 eligibility...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.103.  Amount of Refund; Limitation
(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 for...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.104.  Eligibility
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 person...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.105.  Certification
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 of...

  • chapter 301.  TEXAS WORKFORCE COMMISSION  
    • SUBCHAPTER H.  TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE
      • 301.107.  Rules
(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 commission...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.001.  Definitions
In this chapter: (1) Director means the director of the division. (2) Division means the division of workforce development of the commission. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.003.  Job Retention and Reemployment Assistance
The division may provide ongoing job retention and reemployment assistance for a recipient of public assistance who has participated in a job training program. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0035.  Employment Assistance Program for Certain Parents
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) the...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0041.  Child-Care Demonstration Project Grants
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0045.  Quality Initiatives by Commission
(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 shall...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.005.  Child-Care Training Center Pilot Programs
(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 offer...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.0055.  T.e.a.c.h. Pilot Program
(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 field...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.006.  Professional Child-Care Training Scholarships, Bonuses, and Wage Supplementation
(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....

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 302.011.  Postemployment Case Management
The commission shall encourage local workforce development boards to provide postemployment case management services for recipients of financial assistance who participate in employment programs...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.021.  Consolidation of Workforce Development Programs
(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 under...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.022.  Client Accessibility
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. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER B.  JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
      • 302.023.  Delegation of Functions
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 local...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.042.  Review of Local Plans; Recommendations
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. ...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.043.  Training for Local Workforce Development Board Members
(a) The division shall provide management and board development training for all members of local workforce development boards that includes information regarding client eligibility determination,...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.044.  Flexibility Rating System for Commission Directives
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.044.  Outreach Activities
The commission shall require that local workforce development boards participate in outreach activities provided by the commission that are designed by the commission to allow board members and...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.045.  Sanctions Plan
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 section...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER C.  STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT BOARDS
      • 302.046.  Plan Regarding Lack of Service Providers
(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:...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.061.  Administration Funding
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 implement...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.062.  Block Grants to Local Workforce Development Areas
(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...

  • chapter 302.  DIVISION OF WORKFORCE DEVELOPMENT  
    • SUBCHAPTER D.  ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
      • 302.063.  Waivers
The commission shall develop objective criteria for the granting of waivers allowed under this chapter. ...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.001.  Purpose; Definitions
(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 Engineering...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.002.  Waiver
(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 colleges,...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.003.  Skills Development Fund
(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) any...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.004.  Fund Review
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 technical...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.005.  Participation in Additional Programs; Application Requirements
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 development...

  • chapter 303.  SKILLS DEVELOPMENT FUND
    • 303.006.  Reporting Requirements
(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) Employer...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.002.  Job Counseling Program
(a) The commission, through a special assistance job counseling program, shall: (1) provide counseling for displaced homemakers; (2) assist displaced homemakers in obtaining training and...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.003.  Personnel; Office
The commission shall use its personnel, services, facilities, and equipment to operate the job counseling program. ...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.004.  Cooperation by State Agencies and Political Subdivisions
State agencies and political subdivisions of the state shall cooperate with the commission in obtaining suitable employment for displaced homemakers counseled by the commission. ...

  • chapter 304.  COUNSELING FOR DISPLACED HOMEMAKERS OR WORKERS
    • 304.005.  Home Ownership Counseling for Displaced Workers
(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 for...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 305.001.  Purpose
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 career...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 305.002.  Definitions
In this chapter: (1) Commission means the Texas Workforce Commission. (2) Coordinating board means the Texas Higher Education Coordinating Board. (3) Eligible institution...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.021.  Tuition Assistance Grant; Amount of Grant
(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 grants...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.023.  Approval of Institutions
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 than...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.024.  Qualified Education Programs
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 by...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.025.  Nondiscrimination
The commission in administering this chapter shall ensure compliance with Title VI, Civil Rights Act of 1964
  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.027.  Payment of Grant
(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, the...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.029.  Annual Report
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 the...

  • chapter 305.  TEXAS CAREER OPPORTUNITY GRANT PROGRAM  
    • SUBCHAPTER B.  GRANT PROGRAM
      • 305.030.  Initial Implementation
(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) The...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.001.  Definitions
In this chapter: (1) Department means the Texas Department of Criminal Justice. (2) Institutional division means the institutional division of the department. (3) Project...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.003.  Administration
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. ...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.004.  Memorandum of Understanding--Adoption
(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 the...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.005.  Memorandum of Understanding--Contents
(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 and...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.006.  Project Director
(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 the...

  • chapter 306.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
    • 306.007.  Provision of Information on State Services for Ex-Offenders and Employers
(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:...

  • chapter 307.  EMPLOYMENT SERVICE
    • 307.001.  Employment Service
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
  • chapter 307.  EMPLOYMENT SERVICE
    • 307.002.  Employment Services Agreements
(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 or...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.001.  Legislative Intent
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 skills...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.002.  Definitions
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 training...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.003.  Texans Work Program
(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, Human...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.004.  Training Courses; Approval
(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 skills...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.005.  Powers and Duties of Commission and Division; Guidelines for Training Course Approval
(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 to...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.007.  Rights and Duties of Participating Employer
(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 the...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.008.  Rights of Regular Employees
(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 who...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.009.  Rights and Duties of Participating Trainees
(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 for...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.010.  Account
(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 Section...

  • chapter 308.  TEXANS WORK PROGRAM
    • 308.011.  Training Stipend
(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 by...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.001.  Definitions
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 that...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.002.  Self-Sufficiency Fund
(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, community-based...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.003.  Job-Training Programs
(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; (B)...

  • chapter 309.  SELF-SUFFICIENCY FUND
    • 309.004.  Rulemaking Authority
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 to...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.001.  Definitions
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) Network...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.002.  Child-Care Resource and Referral Network
(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
  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.003.  Statewide Child-Care Needs Assessment
(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. (b)...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.004.  Resource Services
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 (2)...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.006.  Advertisement of Services
(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 referral...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.007.  Collection of Child-Care Data
(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...

  • chapter 310.  CHILD-CARE RESOURCE AND REFERRAL NETWORK
    • 310.008.  Rules
The commission may adopt rules necessary to implement this chapter. ...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.001.  Definitions
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 an...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.002.  Certification Standards
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, job...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.004.  Rulemaking
(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 each...

  • chapter 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
    • 311.005.  Commission Duties; Local Workforce Development Boards
(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 as...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 401.001.  Short Title
This subtitle may be cited as the Texas Workers' Compensation Act. ...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER A.  SHORT TITLE; APPLICATION OF SUNSET ACT
      • 401.003.  Activities of the State Auditor
(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 controls;...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER B.  DEFINITIONS
      • 401.011.  General Definitions
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)....

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER B.  DEFINITIONS
      • 401.012.  Definition of Employee
(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:...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.021.  Application of Other Acts
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...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.022.  Discrimination Prohibited
(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 in...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.023.  Interest or Discount Rate
(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 quarterly,...

  • chapter 401.  GENERAL PROVISIONS  
    • SUBCHAPTER C.  MISCELLANEOUS PROVISIONS
      • 401.024.  Transmission of Information
(a) In this section, electronic transmission means the transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method. (b)...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.001.  Membership Requirements
(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 made...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.0015.  Training Program for Commission Members
(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 under...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.002.  Terms; Vacancy
(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 each...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.003.  Effect of Lobbying Activity
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, because...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.004.  Voting Requirements
(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 two...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.006.  Prohibited Gifts; Administrative Violation
(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) A...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.007.  Meetings
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. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.008.  Chairman
(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. The...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.009.  Leave of Absence
(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....

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.010.  Civil Liability of 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. ...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.011.  Reimbursement
(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 subsection...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER A.  ORGANIZATION
      • 402.012.  Conflict of Interest
(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 to...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.021.  Commission Divisions
(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 of...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.022.  Public Interest Information
(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 the...

  • chapter 402.  TEXAS WORKERS' COMPENSATION COMMISSION  
    • SUBCHAPTER B.  ADMINISTRATION
      • 402.023.  Complaint Information
(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 must...

  • chapter 403.  COMMISSION FINANCING
    • 403.004.  Collection of Tax After Withdrawal From Business
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 in...

  • chapter 403.  COMMISSION FINANCING
    • 403.005.  Tax Rate Surplus or Deficit
(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 the...

  • chapter 403.  COMMISSION FINANCING
    • 403.006.  Subsequent Injury Fund
(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;...

  • chapter 403.  COMMISSION FINANCING
    • 403.007.  Funding of Subsequent Injury Fund
(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 of...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.001.  Definitions
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 on...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.002.  Council; General Powers and Duties
(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, and...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.003.  Council Funding; Maintenance Tax
(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 the...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.004.  Board of Directors
(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, appointed...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.005.  Service At-Will; Vacancy
(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...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0055.  Removal of Board Members
(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 during...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.008.  Executive Director; Appropriations Request
(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) The...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.009.  Research Agenda
(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 and...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0091.  Public Information; Accessibility
(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 council...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.0092.  Resolution of Complaints
(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 the...

  • chapter 404.  RESEARCH AND OVERSIGHT COUNCIL ON WORKERS' COMPENSATION
    • 404.010.  Coordination With Other State Agencies; Confidentiality
(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; (3)...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.001.  Definition
In this subchapter, employer means a person who employs one or more employees. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.002.  Coverage Generally Elective
(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 is...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.003.  Methods of Obtaining Coverage
An employer may obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance as provided by this subtitle. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.004.  Employer Notice to Commission; Administrative Violation
(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 not...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.005.  Employer Notice to Employees; Administrative Violation
(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 employee...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.007.  Termination of Coverage by Employer; Notice
(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 day...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.008.  Cancellation or Nonrenewal of Coverage by Insurance Company; Notice
(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 cancellation...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.009.  Collecting and Maintaining Information; Monitoring and Enforcing Compliance
(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 may...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.010.  Claims Service; Administrative Violation
(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 act...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.011.  Austin Representative; Administrative Violation
(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...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER A.  COVERAGE ELECTION; SECURITY PROCEDURES
      • 406.012.  Enforcement of Subchapter
The commission shall enforce the administrative penalties established under this subchapter in accordance with Chapter 415. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.031.  Liability for Compensation
(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;...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.032.  Exceptions
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 wilful...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.033.  Common-Law Defenses; Burden of Proof
(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 scope...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.034.  Employee Election
(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 a...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER B.  COVERAGE REQUIREMENTS
      • 406.035.  Waiver of Compensation Prohibited
Except as provided by this subtitle, an agreement by an employee to waive the employee's right to compensation is void. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER C.  COVERAGE THROUGH COMMERCIAL INSURANCE
      • 406.051.  Security by Commercial Insurance
(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. (b)...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER C.  COVERAGE THROUGH COMMERCIAL INSURANCE
      • 406.052.  Effect of Other Insurance Coverage
(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 also...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER C.  COVERAGE THROUGH COMMERCIAL INSURANCE
      • 406.053.  All States Coverage
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...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.071.  Extraterritorial Coverage
(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 be...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.073.  Agreement on Principal Location; Administrative Violation
(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....

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.074.  Interjurisdictional Agreements
(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 jurisdiction...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER D.  EXTRATERRITORIAL COVERAGE
      • 406.075.  Effect of Compensation Paid in Other Jurisdiction
(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 under...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.091.  Exempt Employees; Voluntary Coverage
(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;...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.092.  Alien Employees and Beneficiaries
(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 of...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.093.  Legally Incompetent Employees
(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 this...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.094.  Certain Persons Licensed by Texas Real Estate Commission
(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 License...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.095.  Certain Professional Athletes
(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 greater...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.096.  Required Coverage for Certain Building or Construction Contractors
(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 insurance...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER E.  APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
      • 406.097.  Executive Employees of Certain Business Entities
(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 as...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.121.  Definitions
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. The...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.122.  Status as Employee
(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 is...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.123.  Election to Provide Coverage; Administrative Violation
(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 the...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.124.  Cause of Action
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 employer...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.125.  Restriction of Unsafe Work Practices Unaffected
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. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.126.  Exemption
This subchapter does not apply to farm or ranch employees. ...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER F.  COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
      • 406.127.  Effect of Certain Contracts of Hire
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 is...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.141.  Definitions
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 to...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.142.  Application
This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing: (1) a residential structure; (2) a...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.143.  Provision of Workers' Compensation Insurance; Independent Contractor Without Employees
(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 insurance...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.145.  Joint Agreement
(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 the...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER G.  COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
      • 406.146.  Wrongful Inducement Prohibited
(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...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.161.  Definitions
In this subchapter: (1) Agricultural labor means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state. (2) Family...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.162.  Scope
(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:...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.163.  Liability of Labor Agent; Joint and Several Liability
(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 other...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.164.  Elective Coverage of Employer and Family Members
(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. The...

  • chapter 406.  WORKERS' COMPENSATION INSURANCE COVERAGE  
    • SUBCHAPTER H.  COVERAGE OF FARM AND RANCH EMPLOYEES
      • 406.165.  Not Applicable to Independent Contractors
(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 perform...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 407.001.  Definitions
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....

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.021.  Division
The division of self-insurance regulation is a division of the commission. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.022.  Director
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.023.  Exclusive Powers and Duties of Commission
(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; and...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER B.  DIVISION OF SELF-INSURANCE REGULATION
      • 407.024.  Claim or Suit
(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 for...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.041.  Application
(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: (1)...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.042.  Issuance of Certificate
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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.043.  Procedures on Denial of Application
(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 writing...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.044.  Term of Certificate; Renewal
(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 stagger...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.045.  Withdrawal From Self-Insurance
(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 to...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.046.  Revocation of Certificate of Authority
(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 this...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER C.  CERTIFICATE OF AUTHORITY TO SELF-INSURE
      • 407.047.  Effect of Revocation
(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 occupational...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.061.  General Requirements
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.062.  Financial Strength and Liquidity Requirements
In assessing the financial strength and liquidity of an applicant, the commission shall consider: (1) the applicant's organizational structure and management background; (2) the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.063.  Premium Requirements
(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 satisfactory...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.064.  General Security Requirements
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.065.  Specific Security Requirements
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.066.  Effect of Dispute
(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 of...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER D.  REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
      • 407.068.  Guarantee by Parent Organization
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. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.081.  Annual Report
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.082.  Examination of Records; Administrative Violation
(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 information...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER E.  POWERS AND DUTIES OF CERTIFIED SELF-INSURER
      • 407.083.  Payment of Insurance Agent's Commission
This chapter does not prohibit a certified self-insurer from paying a commission to an insurance agent licensed in this state. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.101.  Fund
(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 deposit...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.102.  Regulatory Fee
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.103.  Self-Insurer Maintenance Tax; Effect on General Maintenance Tax
(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 this...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER F.  FINANCING OF SELF-INSURANCE PROGRAM
      • 407.104.  Collection of Taxes and Fees; Administrative Violation
(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 60th...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.121.  Guaranty Association
(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) Each...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.122.  Board of Directors
(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; (2)...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.123.  Board Rules
(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. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.124.  Impaired Employer; Assessments
(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 shall...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.125.  Payment of Assessments
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 assessment....

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.126.  Trust Fund; Fee; Schedule
(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 period...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.127.  Payment of Benefits Through Association
(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 the...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.128.  Possession of Security by Association
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, or...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.129.  Release of Claim Information to Association
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. ...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.130.  Association as Party in Interest
(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...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.131.  Preference
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 as...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.132.  Special Fund
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 other...

  • chapter 407.  SELF-INSURANCE REGULATION  
    • SUBCHAPTER G.  TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
      • 407.133.  Suspension or Revocation of Certificate for Failure to Pay Assessment
(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. The...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.002.  Survival of Cause of Action
A right of action survives in a case based on a compensable injury that results in the employee's death. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.003.  Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits
(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 benefits...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.004.  Required Medical Examinations; Administrative Violation
(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 (2)...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.0041.  Designated Doctor Examination
(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 injury;...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.005.  Settlements and Agreements
(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 may...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.006.  Mental Trauma Injuries
(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 emotional...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.007.  Date of Injury for Occupational Disease
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 408.008.  Compensability of Heart Attacks
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 specific...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.021.  Entitlement to Medical Benefits
(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 health...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.022.  Selection of Doctor
(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 only...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0223.  Insurance Carrier Networks
(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 regional...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0221.  Regional Health Care Delivery Networks; Advisory Committee
(a) In this section: (1) Advisory committee means the Health Care Network Advisory Committee. (2) Regional network means a regional workers' compensation health care delivery...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0222.  Participation in Regional Network; Selection of Doctor Within Regional Network; Benefit Incentives
(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 network...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.0231.  Maintenance of List of Approved Doctors; Sanctions and Privileges Relating to Health Care
(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; (2)...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.025.  Reports and Records Required From Health Care Providers
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.026.  Spinal Surgery
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.027.  Payment of Health Care Provider
(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 receives...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.028.  Pharmaceutical Services
(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 prescription...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER B.  MEDICAL BENEFITS
      • 408.029.  Nurse First Assistant Services
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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.041.  Average Weekly Wage
(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 is...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.042.  Average Weekly Wage for Part-Time Employee or Employee With Multiple Employment
(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 by...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.043.  Average Weekly Wage for Seasonal Employee
(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 as...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.044.  Average Weekly Wage for Minor, Apprentice, Trainee, or Student
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.0445.  Average Weekly Wage for Members of the State Military Forces
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 431.001,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.0446.  Average Weekly Wage; School District Employee
(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 than...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.045.  Nonpecuniary Wages
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.046.  Similar Employees, Services, or Employment
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 training...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER C.  COMPUTATION OF AVERAGE WEEKLY WAGE
      • 408.047.  State Average Weekly Wage
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. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.061.  Maximum Weekly Benefit
(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 income...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.062.  Minimum Weekly Income Benefit
(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 compute...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER D.  COMPUTATION OF BENEFITS
      • 408.064.  Interest on Accrued Benefits
(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 unpaid...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.081.  Income Benefits
(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 when...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.082.  Accrual of Right to Income Benefits
(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 week,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.083.  Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
(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 401...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.084.  Contributing Injury
(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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.085.  Advance of Benefits for Hardship
(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 income...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER E.  INCOME BENEFITS IN GENERAL
      • 408.086.  Commission Determination of Extended Unemployment or Underemployment
(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 extended...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.101.  Temporary Income Benefits
(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 provided...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.102.  Duration of Temporary Income Benefits
(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 has...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.103.  Amount of Temporary Income Benefits
(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 after...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER F.  TEMPORARY INCOME BENEFITS
      • 408.105.  Salary Continuation in Lieu of Temporary Income Benefits
(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 contractual...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.121.  Impairment Income Benefits
(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 of...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.122.  Eligibility for Impairment Income Benefits; Designated Doctor
(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...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.123.  Certification of Maximum Medical Improvement; Evaluation of Impairment Rating
(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 impairment...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.125.  Dispute as to Impairment Rating
(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....

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.126.  Amount of Impairment Income Benefits
Subject to Sections 408.061 and 408.062, an impairment income benefit is equal to 70 percent of the employee's average weekly wage. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.127.  Reduction of Impairment Income Benefits
(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 under...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.128.  Commutation of Impairment Income Benefits
(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 at...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER G.  IMPAIRMENT INCOME BENEFITS
      • 408.129.  Acceleration of Impairment Income Benefits
(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 accelerated...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.141.  Award of Supplemental Income Benefits
An award of a supplemental income benefit, whether by the commission or a court, shall be made in accordance with this subchapter. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.142.  Supplemental Income Benefits
(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 an...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.143.  Employee Statement
(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 less...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.144.  Computation of Supplemental Income Benefits
(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 of...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.145.  Payment of Supplemental Income Benefits
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 continue...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.146.  Termination of Supplemental Income Benefits; Reinitiation
(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, the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.147.  Contest of Supplemental Income Benefits by Insurance Carrier; Attorney's Fees
(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 an...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.148.  Employee Discharge After Termination
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 Section...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.149.  Status Review; Benefit Review Conference
(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 the...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.150.  Vocational Rehabilitation
(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 to...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER H.  SUPPLEMENTAL INCOME BENEFITS
      • 408.151.  Medical Examinations for Supplemental Income Benefits
(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 receiving...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER I.  LIFETIME INCOME BENEFITS
      • 408.161.  Lifetime Income Benefits
(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) loss...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER I.  LIFETIME INCOME BENEFITS
      • 408.162.  Subsequent Injury Fund Benefits
(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 carrier...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.181.  Death Benefits
(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 death...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.182.  Distribution of Death Benefits
(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 eligible...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.183.  Duration of Death Benefits
(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. On...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.184.  Redistribution of Death Benefits
(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 and...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.185.  Effect of Beneficiary Dispute; Attorney's Fees
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 in...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER J.  DEATH AND BURIAL BENEFITS
      • 408.187.  Autopsy
(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 legal...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER K.  PROTECTION OF RIGHTS TO BENEFITS
      • 408.201.  Benefits Exempt From Legal Process
Benefits are exempt from: (1) garnishment; (2) attachment; (3) judgment; and (4) other actions or claims. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER K.  PROTECTION OF RIGHTS TO BENEFITS
      • 408.202.  Assignability of Benefits
Benefits are not assignable, except a legal beneficiary may, with commission approval, assign the right to death benefits. ...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER K.  PROTECTION OF RIGHTS TO BENEFITS
      • 408.203.  Allowable Liens
(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 claim,...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER L.  ATTORNEY'S FEES IN WORKERS' COMPENSATION BENEFIT MATTERS
      • 408.221.  Attorney's Fees Paid to Claimant's Counsel
(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 as...

  • chapter 408.  WORKERS' COMPENSATION BENEFITS  
    • SUBCHAPTER L.  ATTORNEY'S FEES IN WORKERS' COMPENSATION BENEFIT MATTERS
      • 408.222.  Attorney's Fees Paid to Defense Counsel
(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 by...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.001.  Notice of Injury to Employer
(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 occurs;...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.002.  Failure to File Notice of 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 person...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.003.  Claim for Compensation
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 injury...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.004.  Failure to File Claim for Compensation
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:...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.005.  Report of Injury; Modified Duty Program Notice; Administrative Violation
(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) an...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.006.  Record of Injuries; Administrative Violation
(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 at...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.007.  Death Benefit Claims
(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 by...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.008.  Failure to File Employer Report of Injury; Limitations Tolled
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, or...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.009.  Subclaims
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 or...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.010.  Information Provided to Employee or Legal Beneficiary
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 services...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.011.  Information Provided to Employer; Employer's Rights
(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; (2)...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.012.  Vocational Rehabilitation Information
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER A.  INJURY REPORTS, CLAIMS, AND RECORDS
      • 409.013.  Plain Language Information; Notification of Injured Worker
(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 in...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.021.  Initiation of Benefits; Insurance Carrier's Refusal; Administrative Violation
(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 injury,...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.022.  Refusal to Pay Benefits; Notice; Administrative Violation
(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 constitute...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.023.  Payment of Benefits; Administrative Violation
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.0231.  Payment by Electronic Funds Transfer
(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. The...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.0232.  Timeliness of Payments
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 before...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER B.  PAYMENT OF BENEFITS
      • 409.024.  Termination or Reduction of Benefits; Notice; Administrative Violation
(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 after...

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER C.  OMBUDSMAN PROGRAM
      • 409.041.  Ombudsman Program
(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....

  • chapter 409.  COMPENSATION PROCEDURES  
    • SUBCHAPTER C.  OMBUDSMAN PROGRAM
      • 409.043.  Employer Notification; Administrative Violation
(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 this...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.001.  Definitions
In this chapter: (1) Director means the director of the division. (2) Division means the division of hearings. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.002.  Law Governing Liability Proceedings
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.003.  Application of Administrative Procedure and Texas Register Act
Except as otherwise provided by this chapter, Chapter 2001, Government Code does not apply to a proceeding under this chapter. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.004.  Division of Hearings
The division shall conduct benefit review conferences, contested case hearings, arbitration, and appeals within the commission related to workers' compensation claims. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 410.006.  Representation at Administrative Proceedings
(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 not...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.021.  Purpose
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 workers'...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.022.  Benefit Review Officers; Qualifications
(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 principles...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.023.  Request for Benefit Review Conference
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 to...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.024.  Benefit Review Conference as Prerequisite to Further Proceedings on Certain Claims
(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 benefit...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.025.  Scheduling of Benefit Review Conference; Notice
(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 shall...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.028.  Failure to Attend; Administrative Violation
(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....

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.029.  Resolution at Benefit Review Conference; Written Agreement
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.031.  Incomplete Resolution; Report
(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....

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.033.  Multiple Carriers
(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 order...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER B.  BENEFIT REVIEW CONFERENCE
      • 410.034.  Filing of Agreement and Report
(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 report...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.102.  Arbitrators; Qualifications
(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:...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.103.  Duties of Arbitrator
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 an...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.104.  Election of Arbitration; Effect
(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 used...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.107.  Assignment of Arbitrator
(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 an...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.108.  Rejection of Arbitrator
(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 provided...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.109.  Scheduling of Arbitration
(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 scheduled...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.112.  Exchange and Filing of Information; Administrative Violation
(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 not...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.113.  Duties of Parties at Arbitration; Attendance; Administrative Violation
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.114.  Testimony; Record
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.115.  Evidence
(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...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.116.  Closing Statements; Briefs
The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.119.  Effect of Award
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER C.  ARBITRATION
      • 410.120.  Clerical Error
For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.151.  Contested Case Hearing; Scope
(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 as...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.152.  Hearing Officers; Qualifications
(a) A hearing officer shall conduct a contested case hearing. (b) A hearing officer must be licensed to practice law in this state. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.153.  Application of Administrative Procedure Act
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; (2)...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.154.  Scheduling of Hearing
The commission shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b). ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.155.  Continuance
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.156.  Attendance Required; Administrative Violation
(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 case...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.158.  Discovery
(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 by...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.159.  Standard Interrogatories
(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 by...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.160.  Exchange of Information
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; (2)...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.161.  Failure to Disclose Information
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 may...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.162.  Additional Discovery
For good cause shown, a party may obtain permission from the hearing officer to conduct additional discovery as necessary. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.163.  Powers and Duties of Hearing Officer
(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) accept...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.164.  Record
(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....

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.165.  Evidence
(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 of...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.166.  Stipulations
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.167.  Ex Parte Contacts Prohibited
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.168.  Decision
(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 award...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER D.  CONTESTED CASE HEARING
      • 410.169.  Effect of Decision
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.201.  Appeals Judges; Qualifications
(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 may...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.202.  Request for Appeal; Response
(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 the...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.203.  Powers and Duties of Appeals Panel; Priority of Hearing on Remand
(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. (b)...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.204.  Decision
(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 date...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.205.  Effect of Decision
(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 binding...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.206.  Clerical Error
The executive director may revise a decision in a contested case hearing on a finding of clerical error. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.207.  Continuation of Commission Jurisdiction
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.208.  Judicial Enforcement of Order or Decision; Administrative Violation
(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 in...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER E.  APPEALS PANEL
      • 410.209.  Reimbursement for Overpayment
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 by...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.251.  Exhaustion of Remedies
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 and...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.252.  Time for Filing Petition; Venue
(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 bringing...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.253.  Service
A copy of the petition shall be simultaneously filed with the court and the commission and served on any opposing party. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.254.  Commission Intervention
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.255.  Judicial Review of Issues Other Than Compensability or Income or Death Benefits
(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, Chapter...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.256.  Court Approval of Settlement
(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 under...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.257.  Judgment After 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 judgment...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER F.  JUDICIAL REVIEW--GENERAL PROVISIONS
      • 410.258.  Notification of Commission of Proposed Judgments and Settlements; Right to Intervene
(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 default...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.301.  Judicial Review of Issues Regarding Compensability or Income or Death Benefits
(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 this...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.302.  Limitation of Issues
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 of...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.303.  Burden of Proof
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. ...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.304.  Consideration of Appeals Panel Decision
(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 decision...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.305.  Conflict With Rules of Civil Procedure
(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 Section...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.307.  Substantial Change of Condition
(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 court's...

  • chapter 410.  ADJUDICATION OF DISPUTES  
    • SUBCHAPTER G.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
      • 410.308.  Certified Copy of Notice Securing Compensation
(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 insurance...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 411.001.  Definitions
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. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 411.002.  Application
(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 and...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 411.003.  Immunity From Certain Liability
(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 an...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 411.004.  Exclusive Remedy
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 this...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.011.  Coordination and Enforcement of State Laws and Rules
The division shall coordinate and enforce the implementation of state laws and rules relating to workers' health and safety issues. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.012.  Collection and Analysis of Information
(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 and...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.013.  Federal Contracts and Programs
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 funds...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.015.  Educational Publications
(a) The division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. (b) Specific educational...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.016.  Peer Review Safety Program
The division shall certify safe employers to provide peer review safety programs. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.017.  Advisory Service to Insurance Carriers
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 employers,...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF DIVISION
      • 411.018.  Federal OSHA Compliance
In accordance with Section 7(c), Occupational Safety and Health Act of 1970
  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER C.  JOB SAFETY INFORMATION SYSTEM
      • 411.031.  Job Safety Information System; Cooperation With Other Agencies
(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 of...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER C.  JOB SAFETY INFORMATION SYSTEM
      • 411.033.  Job Safety Data Base
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) the...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER C.  JOB SAFETY INFORMATION SYSTEM
      • 411.034.  Confidentiality Requirement; Offense; Penalty
(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 offense...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER C.  JOB SAFETY INFORMATION SYSTEM
      • 411.035.  Use of Injury Report
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 which...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.041.  Application; Identification of Hazardous Employer
(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, 503,...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.0415.  Exemption for Certain Employers; Hearing
(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 employer...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.042.  Notification to Hazardous Employer and Insurance Carrier
(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. (b)...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.043.  Safety Consultation; Report; Accident Prevention Plan
(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...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.044.  Accident Investigation
The division may investigate an accident occurring at the worksite of an employer for whom a plan has been formulated under Section 411.043. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.045.  Compliance Certification
(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 the...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.047.  Additional Safety Plan
(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, the...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.048.  Costs Charged to Employer
(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 the...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.049.  Hearing
(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 in...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER D.  HAZARDOUS EMPLOYER PROGRAM
      • 411.050.  Admissibility of Identification as Hazardous Employer
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 not...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER E.  ACCIDENT PREVENTION SERVICES
      • 411.062.  Field Safety Representative; Qualifications
(a) The commission by rule shall establish qualifications for field safety representatives. The rules must include education and experience requirements for those representatives. (b) Each...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER E.  ACCIDENT PREVENTION SERVICES
      • 411.063.  Accident Prevention Personnel
(a) To provide qualified accident prevention personnel and services, an insurance company may: (1) employ qualified personnel; (2) retain qualified independent contractors; (3)...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER E.  ACCIDENT PREVENTION SERVICES
      • 411.064.  Inspections
(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 writing...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER E.  ACCIDENT PREVENTION SERVICES
      • 411.066.  Notice to Policyholders
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' compensation...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER E.  ACCIDENT PREVENTION SERVICES
      • 411.068.  Administrative Violation
(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 the...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER F.  EMPLOYEE REPORTS OF SAFETY VIOLATIONS
      • 411.081.  Telephone Hotline
(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 this...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER F.  EMPLOYEE REPORTS OF SAFETY VIOLATIONS
      • 411.082.  Employer Retaliation Prohibited
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 an...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER F.  EMPLOYEE REPORTS OF SAFETY VIOLATIONS
      • 411.083.  Judicial Relief for Employer Retaliation
(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 for...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER G.  POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
      • 411.091.  Adoption and Distribution of Drug Abuse Policy by Employer
(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...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER G.  POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
      • 411.092.  Enforcement; Rules
The commission shall enforce Section 411.091 and may adopt rules for that purpose. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER G.  POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
      • 411.093.  Study on Drug-Free Workplace; Report
(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 adopted...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.101.  Legislative Policy; Purpose
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 hours,...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.102.  Definitions
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 an...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.103.  Duty of Employer to Provide Safe Workplace
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 methods,...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.104.  Division Duties
(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. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.106.  Safety Classification
(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 Insurance...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.107.  Elimination of Safety Impediments
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...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.108.  Accident Reports
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 forms...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.109.  Effect on Other Law
This subchapter and Chapters 341 and 755, Health and Safety Code, to the extent possible shall all be given effect. ...

  • chapter 411.  WORKERS' HEALTH AND SAFETY  
    • SUBCHAPTER H.  GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY
      • 411.110.  Labor Disputes
(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 or...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 412.001.  Definitions
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....

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • § 412.002 to 412.008.  Deleted by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997
...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.0111.  Affiliation With Office of Attorney General.
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 be...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.012.  Funding
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 management...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.0121.  Interagency Contracts
(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...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.0122.  State Self-Insuring for Workers' Compensation.
The state is self-insuring with respect to an employee's compensable injury.
------------------------------
NOTICE: SECOND OF TWO VERSIONS OF THIS SECTION As amended by...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.0123.  Allocation of Workers' Compensation and Risk Management Costs
(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....

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER B.  OFFICE
      • 412.0124.  Deposit of Workers' Compensation Subrogation Recoveries.
All money recovered by the director from a third party through subrogation shall be deposited into the state workers' compensation account in general revenue. ...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER C.  BOARD
      • 412.021.  Risk Management Board
(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)...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER C.  BOARD
      • 412.022.  Training Program for Board Members
(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 course...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER C.  BOARD
      • 412.023.  Effect of Lobbying Activity
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 the...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER C.  BOARD
      • 412.024.  Grounds for Removal From Board
(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 requirements...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF BOARD
      • 412.031.  Rulemaking Authority
The board shall adopt rules as necessary to implement this chapter and Chapter 501, including rules relating to reporting requirements for a state agency. ...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF BOARD
      • 412.032.  Board's Report to Legislature
(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 and...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF BOARD
      • 412.033.  Hiring Director
The board shall hire a qualified person to serve as director of the office. The director serves at the pleasure of the board. ...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER E.  DIRECTOR
      • 412.041.  Duties; Responsibilities
(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 losses,...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER E.  DIRECTOR
      • 412.042.  Reports to the Legislature
(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 regular...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER F.  STATE AGENCIES
      • 412.051.  Duties of State Agencies
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 compensable...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER F.  STATE AGENCIES
      • 412.052.  Exemption of Certain State Agencies
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 risk...

  • chapter 412.  STATE OFFICE OF RISK MANAGEMENT  
    • SUBCHAPTER F.  STATE AGENCIES
      • 412.053.  Annual Report by State Agency
(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 open...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.002.  Division of Medical Review
(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 division...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.003.  Authority to Contract
The commission may contract with a private or public entity to perform a duty or function of the division. ...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.004.  Coordination With Providers
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 educational...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.005.  Medical Advisory Committee
(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...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.006.  Advisory Committees
The commission may appoint advisory committees in addition to the medical advisory committee as it considers necessary. ...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER A.  DIVISION OF MEDICAL REVIEW
      • 413.008.  Information From Insurance Carriers; Administrative Violation
(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 to...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.011.  Reimbursement Policies And Guidelines; Treatment Guidelines
(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 minimal...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.012.  Medical Policy and Guideline Updates Required
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 are...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.013.  Programs
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;...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.014.  Preauthorization Requirements; Concurrent Review and Certification of Health Care
(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 evidence...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.0141.  Initial Pharmaceutical Coverage
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 the...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.015.  Payment by Insurance Carriers; Audit and Review
(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 for...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.016.  Payments in Violation of Medical Policies and Fee Guidelines
(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 care...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.017.  Presumption of Reasonableness
The following medical services are presumed reasonable: (1) medical services consistent with the medical policies and fee guidelines adopted by the commission; and (2) medical...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.018.  Review of Medical Care if Guidelines Exceeded
(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. (b)...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.019.  Interest Earned for Delayed Payment, Refund, or Overpayment
(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 provider...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.020.  Commission Charges
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, fees,...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER B.  MEDICAL SERVICES AND FEES
      • 413.021.  Return-To-Work Coordination Services
(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 to...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER D.  HEALTH CARE PROVIDERS
      • 413.041.  Disclosure
(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 the...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER D.  HEALTH CARE PROVIDERS
      • 413.042.  Private Claims; Administrative Violation
(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 provider...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER D.  HEALTH CARE PROVIDERS
      • 413.044.  Sanctions on Designated Doctor
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...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.051.  Contracts With Review Organizations and Health Care Providers
(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 fee...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.0511.  Medical Advisor
(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 recommendations...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.0512.  Medical Quality Review Panel
(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 is...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.052.  Production of Documents
The commission by rule shall establish procedures to enable the commission to compel the production of documents. ...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.053.  Standards of Reporting and Billing
The commission by rule shall establish standards of reporting and billing governing both form and content. ...

  • chapter 413.  MEDICAL REVIEW  
    • SUBCHAPTER E.  IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
      • 413.054.  Immunity From Liability
(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 the...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.001.  Definition
In this chapter, division means the division of compliance and practices. ...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.003.  Compilation and Use of Information
(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:...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.004.  Performance Review of Insurance Carriers
(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 carrier's...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.005.  Investigation Unit
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 Chapters...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.006.  Referral to Other Authorities
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; or...

  • chapter 414.  DIVISION OF COMPLIANCE AND PRACTICES
    • 414.007.  Review of Referrals From Division of Medical Review
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 Chapters...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.001.  Administrative Violation by Representative of Employee or Legal Beneficiary
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 resolution...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.0035.  Additional Violations by Insurance Carrier or Health Care Provider
(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; (2)...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.004.  Penalty Specified in Other Law
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 in...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.005.  Overcharging by Health Care Providers Prohibited; Administrative Violation
(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 workers'...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.006.  Employer Chargebacks Prohibited; Administrative Violation
(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 by...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.007.  Loans by Attorneys Prohibited
(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 the...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.008.  Fraudulently Obtaining or Denying Benefits; Administrative Violation
(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:...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.009.  Frivolous Actions; Administrative Violation
(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 proceeding...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER A.  PROHIBITED ACTS
      • 415.010.  Breach of Agreement; 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 C...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER B.  PENALTIES
      • 415.021.  Assessment of Administrative Penalties
(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 of...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER B.  PENALTIES
      • 415.022.  Classification of Administrative Violations; Penalties
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 B...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER B.  PENALTIES
      • 415.023.  Commission of Wrongful Act as Matter of Practice; Administrative Violation
(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) in...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER B.  PENALTIES
      • 415.024.  Breach of Settlement Agreement; Administrative Violation
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 shall...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER C.  PROCEDURES
      • 415.031.  Initiation of Administrative Violation Proceedings
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. ...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER C.  PROCEDURES
      • 415.033.  Failure to Respond
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. ...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER C.  PROCEDURES
      • 415.034.  Hearing Procedures
(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...

  • chapter 415.  ADMINISTRATIVE VIOLATIONS  
    • SUBCHAPTER C.  PROCEDURES
      • 415.035.  Judicial Review
(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 is...

  • chapter 416.  ACTIONS AGAINST INSURANCE CARRIER FOR BREACH OF DUTY
    • 416.001.  Certain Causes of Action Precluded
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 cause...

  • chapter 416.  ACTIONS AGAINST INSURANCE CARRIER FOR BREACH OF DUTY
    • 416.002.  Exemplary Damages
(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 of...

  • chapter 417.  THIRD-PARTY LIABILITY
    • 417.001.  Third-Party Liability
(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 pursue...

  • chapter 417.  THIRD-PARTY LIABILITY
    • 417.002.  Recovery in Third-Party Action
(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 the...

  • chapter 451.  DISCRIMINATION PROHIBITED
    • 451.001.  Discrimination Against Employees Prohibited
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 to...

  • chapter 451.  DISCRIMINATION PROHIBITED
    • 451.002.  Remedies; Burden of Proof
(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 is...

  • chapter 451.  DISCRIMINATION PROHIBITED
    • 451.003.  Injunction
A district court may restrain, for cause shown, a violation of Section 451.001. ...

  • 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
      • 501.001.  Definitions
In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Compensable injury has the meaning assigned to that term under Subtitle A. (3)...

  • 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
      • 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...

  • 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
      • 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...

  • 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 B.  COVERAGE
      • 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. ...

  • 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 B.  COVERAGE
      • 501.022.  Texas Tech University Employees
(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 University...

  • 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 B.  COVERAGE
      • 501.023.  Repealed by Acts 1997, 75th Leg., ch. 1098, § 6(1), eff. Sept. 1, 1997
...

  • 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 B.  COVERAGE
      • 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;...

  • 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 B.  COVERAGE
      • 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...

  • 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 C.  ADMINISTRATION
      • § 501.041 to 501.043.  Repealed by Acts 1997, 75th Leg., ch. 1098, § 6(2) to (4), eff. Sept. 1, 1997
...

  • 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 C.  ADMINISTRATION
      • 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. ...

  • 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 C.  ADMINISTRATION
      • 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...

  • 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 C.  ADMINISTRATION
      • 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 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 C.  ADMINISTRATION
      • 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....

  • 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 C.  ADMINISTRATION
      • 501.047.  Repealed by Acts 1997, 75th Leg., ch. 1098, § 6(5), eff. Sept. 1, 1997
...

  • 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 C.  ADMINISTRATION
      • 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...

  • 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 C.  ADMINISTRATION
      • 501.049.  Repealed by Acts 1997, 75th Leg., ch. 1098, § 6(6), eff. Sept. 1, 1997
...

  • 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 C.  ADMINISTRATION
      • 501.050.  Notice of Appeal; Notice of Trial Court Judgment; Offense
(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...

  • 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 C.  ADMINISTRATION
      • 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. ...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 502.001.  Definitions
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 the...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 502.002.  Application of General Workers' Compensation Laws; Limit on Actions and Damages
(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 Section...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 502.003.  Legal Beneficiary of Deceased Employee
(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 the...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 502.021.  Workers' Compensation Coverage for Institution Employees
(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 a...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 502.022.  Authority to Self-Insure
An institution may self-insure. ...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 502.023.  Insurance Requirement
(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. (b)...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 502.024.  Preexisting Disqualifying Condition
(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...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER C.  OFFSETS
      • 502.041.  Exhaustion of Annual and Sick Leave
(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 the...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.061.  Administration and Rules
(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 publish...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.062.  Percentage of Payroll Set Aside for Workers' Compensation Expenses; Account; Reports
(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 the...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.063.  Certified Copies of Commission Documents
(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 the...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.064.  Preemployment Physical Required; Examining Physicians; Institution Records
(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 an...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.065.  Reports of Injuries
(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, and...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.066.  Required Examination of Injured Employee; Refusal to Submit to Examination
(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 time...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.067.  Refusal to Submit to Medical Treatment
(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 imperil...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.068.  Postponement of Hearing
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 may...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.069.  Notice of Appeal; Notice of Trial Court Judgment; Offense
(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...

  • chapter 502.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 502.070.  Attorney General as Legal Representative
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. ...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 503.001.  Definitions
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 or...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 503.002.  Application of General Workers' Compensation Laws; Limit on Actions and Damages
(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 Section...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 503.003.  Legal Beneficiary of Deceased Employee
(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 the...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 503.021.  Workers' Compensation Coverage for System and Institution Employees
(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 a...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 503.022.  Authority to Self-Insure
An institution may self-insure. ...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER B.  COVERAGE
      • 503.024.  Waiver of Rights
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. ...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.061.  Administration and Rules
(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 publish...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.063.  Certified Copies of Commission Documents
(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 the...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.064.  Examining Physicians
(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 determine...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.065.  Reports of Injuries
(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, and...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.066.  Required Examination of Injured Employee; Refusal to Submit to Examination
(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 time...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.067.  Refusal to Submit to Medical Treatment
(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 imperil...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.069.  Notice of Appeal; Notice of Trial Court Judgment; Offense
(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...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.070.  Venue for Judicial Review
(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...

  • chapter 503.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM  
    • SUBCHAPTER D.  ADMINISTRATION
      • 503.071.  Attorney General as Legal Representative
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. ...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 504.001.  Definitions
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...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 504.002.  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...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 504.003.  Election of Remedies
A person may not bring an action for wrongful discharge under both Chapter 451 and Chapter 554, Government Code. ...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.011.  Method of Providing Coverage
A political subdivision shall extend workers' compensation benefits to its employees by: (1) becoming a self-insurer; (2) providing insurance under a workers' compensation insurance...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.012.  Optional Coverages
(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 this...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.013.  Coverage for Trustees and Staff of Self-Insurance Fund
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, including...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.014.  Exclusions
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...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.016.  Joint Insurance Fund
(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 and...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.017.  Federal and State Funded Transportation Entities
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 clients...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER B.  COVERAGE
      • 504.018.  Notice to Commission and Employees; Effect on Common-law or Statutory Liability
(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 of...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER C.  BENEFITS AND OFFSETS
      • 504.051.  Offset Against Payments for Incapacity
(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 Code;...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER C.  BENEFITS AND OFFSETS
      • 504.052.  Sick Leave Benefits
(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 may...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER D.  ADMINISTRATION
      • 504.071.  Rules; Forms
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 rules...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER D.  ADMINISTRATION
      • 504.072.  Appropriations for Disbursements; Account; Report
(a) A political subdivision may set aside from available appropriations, other than itemized salary appropriations, an amount sufficient to pay all costs, administrative expenses, benefits,...

  • chapter 504.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS  
    • SUBCHAPTER D.  ADMINISTRATION
      • 504.073.  Representation in Legal Proceedings
(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 be...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 505.001.  Definitions
(a) In this chapter: (1) Commission means the Texas Workers' Compensation Commission. (2) Department means the Texas Department of Transportation. (3) Employee means a person...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 505.002.  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...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER B.  COVERAGE
      • 505.011.  Workers' Compensation Coverage for Department Employees
The department shall pay benefits as provided by this chapter to an employee with a compensable injury. ...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER B.  COVERAGE
      • 505.012.  Authority to Self-Insure
The department may self-insure. ...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER B.  COVERAGE
      • 505.013.  Individuals Employed by Subcontractors
(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....

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.052.  Percentage of Payroll Set Aside for Workers' Compensation Expenses; Account; Reports
(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 for...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.053.  Certified Copies of Commission Documents
(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 the...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.054.  Preemployment Physical Required; Examining Physicians
(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...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.055.  Reports of Injuries
(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 of...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.056.  Required Examination of Injured Employee; Refusal to Submit to Examination
(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 time...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.057.  Refusal to Submit to Medical Treatment
(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 tend...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.059.  Notice of Appeal; Notice of Trial Court Judgment; Offense
(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...

  • chapter 505.  WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION  
    • SUBCHAPTER C.  ADMINISTRATION
      • 505.060.  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...

  • chapter 506.  MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT EMPLOYEES
    • 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...

  • chapter 506.  MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT EMPLOYEES
    • 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...

  • chapter 1.  GENERAL PROVISIONS
    • 1.003.  Internal References
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...

  • chapter 1.  GENERAL PROVISIONS
    • 1.004.  Reference in Law to Statute Revised by Code
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.001.  Purposes
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.002.  Definitions
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 (B)...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.003.  General Powers and Duties of Commission
(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 or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.004.  Criminal Offense of Interference; Penalty
(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. (b)...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.005.  Effect on Other State or Federal Laws
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 federal...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.006.  Conformity With Federal Statutes
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 shall...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.007.  Privileged Communication; Immunity
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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.008.  Limited Severability
(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, that...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.009.  Joinder of Commission
(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 application...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 21.010.  Employment Discrimination Training for State Employees
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.051.  Discrimination by Employer
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 individual,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.052.  Discrimination by Employment Agency
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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.053.  Discrimination by Labor Organization
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 from...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.055.  Retaliation
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, under...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.056.  Aiding or Abetting Discrimination
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 a...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.057.  Interference With Commission
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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.058.  Prevention of Compliance
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 complying...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.059.  Discriminatory Notice or Advertisement
(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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
      • 21.060.  Violation of Conciliation Agreement
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.101.  Age Discrimination Limited to Individuals of Certain Age
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 years...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.102.  Bona Fide Employee Benefit Plan; Production Measurement System
(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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.103.  Compulsory Retirement Permitted for Certain Employees
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 for...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.104.  Age Requirement for Peace Officers or Fire Fighters
An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.106.  Sex Discrimination
(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 medical...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.107.  Effect on Abortion Benefits
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;...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.108.  Discrimination Based on Religion
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 observance,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.109.  Employment by Religious Organization
(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 religious...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.110.  Discrimination Based on National Origin
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 of...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.111.  Person Employed Out of State
This chapter does not apply to an employer with respect to the employment of a person outside this state. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.113.  Imbalance Plan not Required
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 origin,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.114.  Plan to End Discriminatory School Practices
A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.115.  Business Necessity
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 employer...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.116.  Reliance on Commission Interpretation or Opinion
(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) In...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.117.  Employment of Family Member
Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.118.  Statewide Hometown Plan
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.119.  Bona Fide Occupational Qualification
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, performing...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.120.  Use or Possession of Controlled Substance
(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 defined...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.121.  Work Force Diversity Programs
An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.122.  Burden of Proof in Disparate Impact Cases
(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 employment...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.123.  Scope of Defense
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.124.  Prohibition Against Discriminatory Use of Test Scores
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 scores...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.126.  Coverage of Previously Exempt Employees of the State or Political Subdivision of the State
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 origin,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.127.  Expansion of Rights to Challenge Discriminatory Seniority Systems
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 seniority...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.128.  Reasonable Accommodation; Good Faith Effort
(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 an...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER C.  APPLICATION; EXCEPTIONS
      • 21.129.  Court-Ordered Remedies, Affirmative, Action Agreements, and Conciliation Agreements Not Affected
This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.151.  Enforcement by Ordinance
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.152.  Creation of Local Commission
(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 all...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.153.  General Powers and Duties of Local Commission
(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 of...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.154.  Investigatory and Conciliatory Powers of Local Commission
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.155.  Referral to Local Commission and Action on Complaints
(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 with...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER D.  LOCAL ENFORCEMENT
      • 21.156.  Referral by Local Commission to State Commission
A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.201.  Filing of Complaint; Form and Content; Service
(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 under...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.202.  Statute of Limitations
(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 untimely...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.203.  Alternative Dispute Resolution; Office
(a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.204.  Investigation by Commission
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.205.  Lack of Reasonable Cause; Dismissal of Complaint
(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 unlawful...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.207.  Resolution by Informal Methods
(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 conference,...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.208.  Notice of Dismissal or Unresolved Complaint
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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.209.  Repealed by Acts 1995, 74th Leg., ch. 76, § 9.06, eff. Sept. 1, 1995
...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.210.  Temporary Injunctive Relief
(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 this...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER E.  ADMINISTRATIVE REVIEW
      • 21.211.  Election of Remedies
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 political...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.251.  Civil Action by Commission
(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 unlawful...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.252.  Notice of Complainant's Right to File Civil Action
(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 to...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.253.  Expedited Notice of Complainant's Right to File Civil Action
(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:...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.254.  Civil Action by Complainant
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.255.  Commission's Intervention in Civil Action by Complainant
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 general...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.256.  Statute of Limitations
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.257.  Assignment to Early Hearing
The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.258.  Injunction; Equitable Relief
(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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.2585.  Compensatory and Punitive Damages
(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 damages;...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.259.  Attorney's Fees; Costs
(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, or...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.260.  Relief for Disabled Employee or Applicant
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 workplace...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER F.  JUDICIAL ENFORCEMENT
      • 21.261.  Compelled Compliance
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.301.  Recordkeeping; Reports
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...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.302.  Records; Training Program
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 records...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.303.  Conformity to Federal Law
A report or record required by the commission under this subchapter must conform to a similar record or report required under
  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.304.  Confidentiality of Records
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 this...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER G.  RECORDS
      • 21.305.  Access to Commission Records
(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 is...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.401.  Definitions
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 medical...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.402.  Discriminatory Use of Genetic Information Prohibited
(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 the...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.403.  Information Confidential; Exceptions
(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 not...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.404.  Right to Know Test Results
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 test...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION
      • 21.405.  Retention of Sample
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 sample...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.452.  Development and Implementation of Personnel Policies and Procedures
Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.453.  Review
(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. (b)...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.454.  Compliance Report
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 recommendations...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.455.  Reimbursement; Audit
(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. The...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER I.  PERSONNEL POLICIES AND PROCEDURES
      • 21.456.  Failure to Comply With Subchapter; Administrative Penalty
(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 a...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.501.  Workforce Analysis
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 job...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.502.  Recruitment Plan
Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.503.  Effect on Remedies Under Other Laws
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER J.  HIRING PRACTICES
      • 21.504.  Annual Report
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 for...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.551.  Definition
In this subchapter, racial and ethnic group means Caucasian American, African American, or Hispanic American. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.552.  Equal Employment Opportunity Report Required
(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 calendar...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.553.  Cooperation With Comptroller and Uniform Statewide Accounting System; Report to Legislature
(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) The...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.554.  Form
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. ...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.555.  Failure to File Required Report; Administrative Penalty
(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) On...

  • chapter 21.  EMPLOYMENT DISCRIMINATION  
    • SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
      • 21.556.  Required Compliance Training for State Agencies
(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 equal...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.001.  Definitions
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 man-made...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.003.  Liability; Reinstatement
(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 in...

  • chapter 22.  EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
    • 22.004.  Exemption; Emergency Services Personnel
(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 not...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.001.  Purpose
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. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.002.  Definitions
In this chapter: (1) Child means an individual under 18 years of age. (2) Commission means the Texas Employment Commission. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 51.003.  General Exemptions
(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...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.011.  Minimum Age
Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.013.  Hours of Employment; Hardship Exemption
(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) 48...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.014.  Hazardous Occupations
(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) the...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.0145.  Use of Child for Sales and Solicitation
(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) an...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER B.  RESTRICTIONS ON EMPLOYMENT
      • 51.015.  Operation of Motor Vehicle for Certain Commercial Purposes
(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 license...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.021.  Inspection; Collection of Information
(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 been...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.022.  Certificate of Age
(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 proof...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.023.  Rulemaking
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 by...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER C.  ADMINISTRATIVE PROVISIONS
      • 51.024.  Powers of Commission; Penalty
(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 this...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.031.  Offense; Penalty
(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. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.032.  Defense to Prosecution
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 valid...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.033.  Administrative Penalty
(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 that...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER D.  PENALTY AND DEFENSE
      • 51.034.  Injunction: Attorney General's Action
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. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.041.  Definition
In this subchapter, asset means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. ...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.042.  Notice of Delinquency
(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 notify...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.043.  Duties of Notice Recipient
(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 received...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.044.  Levy
(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, the...

  • chapter 51.  EMPLOYMENT OF CHILDREN  
    • SUBCHAPTER E.  COLLECTION OF PENALTY
      • 51.046.  Discharge of Liability
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 the...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER A.  RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF EMPLOYMENT
      • 52.002.  Employer Formerly Subject to Saturday/Sunday Closing Law
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 Statutes),...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER A.  RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF EMPLOYMENT
      • 52.003.  Offense; Penalty; Defense
(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 under...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER C.  RESTRICTIONS ON LENGTH OF HOES
      • 52.021.  Minimum Length of Hoe Handles
(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....

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER E.  RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
      • 52.041.  Coercion of Employee Trade; Penalty
(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, association,...

  • chapter 52.  MISCELLANEOUS RESTRICTIONS  
    • SUBCHAPTER F.  RESTRICTIONS ON PENALIZING EMPLOYEE FOR COMPLIANCE WITH SUBPOENA
      • 52.051.  Penalizing Employee for Compliance with Subpoena
(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, or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 61.002.  Commission Duties