Part 2.
TEXAS WORKERS' COMPENSATION COMMISSION
Chapter 103.
AGENCY ADMINISTRATION
Subchapter B. AGENCY CONTRACTS
28 TAC §103.101
The Texas Workers' Compensation Commission (the commission)
adopts new §103.101, concerning vendor protest procedures, without changes
to the proposed text published in the April 27, 2001 issue of the
Texas Register
(26 TexReg 3122) which will not be republished. The
new rule provides the procedure an aggrieved party must follow to resolve
a dispute in connection with the solicitation, evaluation or award of any
contract with the commission. The new rule provides vendors a procedure to
resolve protests relating to the solicitation, evaluation, or award of a contract
by the commission. Senate Bill 1752 of the 75th Legislature, 1997, added Government
Code §2155.076 to the State Purchasing Act to require each state agency
to develop and adopt protest procedure rules for resolving vendor protests
relating to purchasing issues. Section 2155.076 requires an agency's rules
to be consistent with the General Services Commission (GSC) rules, which are
located in 1 TAC Chapter 111.
As required by the Government Code §2001.033(1), the commission's
reasoned justification for this rule is set out in this order which includes
the preamble, which in turn includes the rule. This preamble contains a summary
of the factual basis of the rule.
No comments were received regarding the proposed new rule.
This new rule provides a procedure for an actual or proposed bidder, offeror
or contractor to follow to protest the solicitation, evaluation, or award
of a contract. The contents of the protest, time period for filing a protest,
and notice required is set out in the proposed new rule. The commission is
given the authority to settle the protest, or if it is not resolved, to issue
a written determination on the protest. The proposed new rule provides for
the appeal of the commission's decision to the executive director whose decision
is the final administrative action of the commission. The proposed rule requires
that in the event of a protest, documents collected in association with the
solicitation, evaluation, and/or award of a contract be maintained by the
commission for four years.
The new rule is adopted under the Texas Labor Code §402.041,
which sets out the role of the executive director, the Texas Labor Code §402.042,
which authorizes the executive director to enter orders as authorized by the
statute as well as to prescribe the form and manner and procedure for transmission
of information to the commission, the Texas Labor Code, §402.061, which
authorizes the commission to adopt rules necessary to administer the Act;
the Texas Government Code §2155.076, which requires each state agency
to develop and adopt protest procedure rules for resolving vendor protests
relating to purchasing issues.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 27, 2001.
TRD-200103672
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: July 17, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 804-4287
28 TAC §§103.300 - 103.322
The Texas Workers' Compensation Commission (the commission)
adopts new §§103.300-103.322, concerning negotiation and mediation
of certain breach of contract claims asserted by contractors against the commission,
without changes to the proposed text published in the April 27, 2001 issue
of the
Texas Register
(26 TexReg 3124) which
will not be republished. These new sections are necessary to establish procedures
for negotiation and mediation in accordance with Texas Government Code, Chapter
2260, which requires each state agency to adopt rules to govern the negotiation
and mediation of certain claims for breach of contract.
As required by the Government Code §2001.033(1), the commission's
reasoned justification for this rule is set out in this order which includes
the preamble, which in turn includes the rule. This preamble contains a summary
of the factual basis of the rule.
No comments were received regarding the proposed new rule.
Sections 103.300-103.322 are based on model rules adopted by the Office
of the Attorney General. Section 103.300 states that the purpose of the rules
is the implementation of Government Code, Chapter 2260. Section 103.301 sets
out the applicability of the rules. Section 103.302 contains the definitions
of terms used in the proposed rules. Section 103.303 establishes that the
procedures in the proposed rules are a prerequisite to suit under the Civil
Practice & Remedies Code, Chapter 107, and the Government Code, Chapter
2260. Section 103.304 states that the provisions do not waive sovereign immunity
to suit or liability.
Section 103.305 sets out the procedures for a contractor to file a claim
with the commission. Section 103.306 sets out the procedures for the commission
to assert a counterclaim against the contractor.
Section 103.307 requires that the parties, in accordance with the timetable
set out in §103.308, negotiate to attempt to resolve claims and counterclaims.
Section 103.309 describes the conduct of negotiation. Section 103.310 requires
the parties to disclose their settlement approval procedures prior to negotiations.
Section 103.311 provides that an agreement to settle a claim must be in writing,
signed by representatives of the contractor and the commission who have authority
to bind each party. Section 103.312 provides that each party is responsible
for its own costs incurred during negotiations.
Section 103.313 describes the process by which a contractor may request
a contested case hearing before the State Office of Administrative Hearings
on an unresolved claim. Section 103.314 describes the timetable for mediation
of a claim. Sections 103.315 through 103.322 describe the mediation process
and procedures.
The new rules are adopted under the Texas Government Code, §2260.052
which provides that each unit of state government with rulemaking authority
shall develop rules to govern the negotiation and mediation of a claim for
a breach of contract; The Texas Labor Code, §402.061 which authorizes
the commission to adopt rules necessary to administer the Texas Workers' Compensation
Act; the Texas Labor Code, §401.024 which allows the commission to contract
with a data collection agent; the Texas Labor Code, §402.042 which sets
out the general powers and duties of the executive director of the commission;
the Texas Labor Code, §406.004 which requires employer notification to
the commission of noncoverage election and which allows the commission to
contract with the Texas Employment Commission or the Comptroller for assistance
in collecting employer notification; the Texas Labor Code, §413.003 which
allows the commission to contract with a private or public entity to perform
a duty or function of the Medical Review Division; the Texas Labor Code, §413.051
which allows the commission to contract with entities to develop, maintain,
or review medical policies and fee guidelines and compliance therewith.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 27, 2001.
TRD-200103673
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: July 17, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 804-4287
28 TAC §103.400
The Texas Workers' Compensation Commission (the commission)
adopts new §103.400, concerning fleet vehicle management program, without
changes to the proposed text published in the April 27, 2001, issue of the
As required by the Government Code §2001.033(1), the commission's
reasoned justification for this rule is set out in this order which includes
the preamble, which in turn includes the rule. This preamble contains a summary
of the factual basis of the rule.
No comments were received regarding the proposed amendment.
House Bill 3125, which was adopted by the 76th Texas Legislature, requires
each state agency to adopt rules consistent with the management plan adopted
by the Office of Vehicle Fleet Management of the General Services Commission
relating to the assignment and use of the agency's vehicles. This rule satisfies
that requirement.
This new rule is adopted under the Texas Labor Code, §402.061,
which authorizes the commission to adopt rules necessary to administer the
Act, and the Texas Government Code, §2171.1045, which requires each state
agency to adopt rules consistent with the management plan adopted by the Office
of Vehicle Fleet Management of the General Services Commission relating to
the assignment and use of the agency's vehicles.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 27, 2001.
TRD-200103674
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: July 17, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 804-4287
28 TAC §126.10
The Texas Workers' Compensation Commission (the commission)
adopts an amendment to §126.10, concerning the commission-approved list
of designated doctors, without changes to the proposed text published in the
April 27, 2001 issue of the
Texas Register
(26 TexReg 3129) which will not be republished. The amendment is adopted to
make §126.10 consistent with the language in §130.1 of this title,
concerning certification of maximum medical improvement and evaluation of
permanent impairment.
As required by the Government Code §2001.033(1), the commission's
reasoned justification for this rule is set out in this order which includes
the preamble, which in turn includes the rule. This preamble contains a summary
of the factual basis of the rule
No comments were received regarding the proposed amendment.
House Bill 2510 passed by the 76th Texas Legislature amended Texas Labor
Code §408.124 to allow the commission by rule to adopt the fourth edition
of the
Guides to the Evaluation of Permanent Impairment
, published by the American Medical Association (
AMA Guides
), for determining the existence and degree of an employee's
impairment.
Section 130.1 of this title was amended to require the use of the
Because §130.1 contains the instructions regarding which
AMA Guides
should be used for determination of an employee's impairment,
the amendment to §126.10(a)(2) references §130.01. Eliminating the
reference to a particular edition of the
AMA Guides
in §126.10(a)(2) and referencing the requirement of §130.1,
allows the commission to adopt an amendment to §130.1 if necessary, without
requiring additional amendments to §126.10.
The amendment is adopted under the Texas Labor Code, §401.011(17),
which provides a definition for "doctor"; Texas Labor Code, §401.011(30),
which provides a definition for "maximum medical improvement"; Texas Labor
Code, §401.024, as amended by the 76th Texas Legislature, which provides
the commission the authority to require use of facsimile or other electronic
means to transmit information in the system; Texas Labor Code, §402.042,
which authorizes the Executive Director to enter orders as authorized by the
statute as well as to prescribe the form and manner and procedure for transmission
of information to the commission; Texas Labor Code, §402.061, which authorizes
the commission to adopt rules necessary to administer the Act; Texas Labor
Code, §406.010, which authorizes the commission to adopt rules regarding
claims service; Texas Labor Code, §408.004, which addresses required
medical examinations; Texas Labor Code, §408.025, which requires the
commission to specify by rule what reports a health care provider is required
to file; Texas Labor Code, §408.102, which provides that temporary income
benefits continue until the injured employee reaches maximum medical improvement;
Texas Labor Code, §408.122, which establishes eligibility for impairment
income benefits and provides for the use of designated doctors when a dispute
exists regarding the certification of MMI; Texas Labor Code, §408.123,
which requires a doctor certifying MMI to file a report and which requires
a certification of MMI and assignment of an impairment rating by a doctor
other than the treating doctor be sent to the treating doctor who must indicate
either agreement or disagreement with the certification of the evaluation;
Texas Labor Code, §408.124, which provides the commission the authority
to by rule adopt the fourth edition of the "
Guides
to the Evaluation of Permanent Impairment
" published by the American
Medical Association to determine the existence and degree of an injured employee's
impairment; Texas Labor Code, §408.125, which addresses use of a designated
doctor to resolve impairment rating disputes, Texas Labor Code, §413.002
and Chapter 414, which give the commission authority to monitor an evaluate
health care providers (including designated doctors), insurance carriers,
and workers' compensation claimants to ensure compliance with the rules adopted
by the commission and to issue administrative penalties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 27, 2001.
TRD-200103671
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: July 17, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 804-4287
Subchapter A. IMPAIRMENT INCOME BENEFITS
Subchapter C. RESOLUTION OF CONTRACT CLAIMS
Subchapter D. FACILITIES AND PROPERTY MANAGEMENT
Chapter 126.
GENERAL PROVISIONS APPLICABLE TO ALL BENEFITS
Chapter 130.
IMPAIRMENT AND SUPPLEMENTAL INCOME BENEFITS