August 18, 2005
TO: WORKERS' COMPENSATION SYSTEM PARTICIPANTS
RE: GENERAL ADVISORY; RULEMAKING
With some exceptions, House Bill 7 (HB 7) transfers the powers, duties, policies, procedures, decisions, and rules of the Texas Workers' Compensation Commission (TWCC) to the newly created Texas Department of Insurance, Division of Workers' Compensation (Division), effective September 1, 2005. The powers, duties, policies, procedures, decisions, and rules of TWCC relating to the operation of the workers' compensation ombudsman program under Subchapter C, Chapter 409, Labor Code, are to be transferred to the newly created Office of Injured Employee Counsel no later than March 1, 2006.
The Division will promulgate, amend, and repeal rules as appropriate to reflect the changes made to the workers' compensation system during this last legislative session. In some instances, rulemaking may not be completed until after the statutory changes become effective. Therefore, please be aware that the provisions of the Texas Workers' Compensation Act take precedence if there is a conflict between a provision of the statute and a workers' compensation rule. System participants should also be aware that the statute allows the Division to promulgate some rules on an emergency basis, with shortened comment periods.
Questions regarding this bulletin should be directed to:
Nancy Moore 512-322-3486, nancy.moore@tdi.state.tx.us
or
Jerry Hagins 512-463-6425, jerry.hagins@tdi.state.tx.us
or
Steve Quick 512-804-4436, steve.quick@tdi.state.tx.us
Sincerely,
_______________________
Mike Geeslin
Commissioner of Insurance
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