TITLE 28. INSURANCE

PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION

CHAPTER 120. COMPENSATION PROCEDURE--EMPLOYERS

INTRODUCTION. The Texas Department of Insurance, Division of Workers' Compensation (DWC) adopts amendments to 28 TAC §120.2, concerning employer's first report of injury and notice of injured employee rights and responsibilities. DWC adopts §120.2 without changes to the proposed text published in the October 25, 2024, issue of the Texas Register (49 TexReg 8544). The rule will not be republished.

REASONED JUSTIFICATION. The amendments correct the addresses and websites contained in 28 TAC §120.2 to reflect the current addresses and websites of DWC and the Office of Injured Employee Counsel (OIEC). The amendments are necessary to ensure that the information in the rule is current and accurate. The adopted amendments also make updates for plain language and agency style.

SUMMARY OF COMMENTS AND AGENCY RESPONSE.

Commenters: DWC received one written comment. Commenters in support of the proposal were: OIEC.

Comment on §120.2. OIEC commented in support of the proposed amendments.

Agency Response to Comment on §120.2. DWC appreciates the comment.

STATUTORY AUTHORITY. The commissioner of workers' compensation adopts the amendments to 28 TAC §120.2 under Labor Code §§404.109, 402.00111, 402.00116, and 402.061.

Labor Code §404.109 provides that the public counsel of OIEC shall adopt, in the form and manner prescribed by the public counsel and after consultation with the commissioner of workers' compensation, a notice of injured employee rights and responsibilities to be distributed by the division as provided by commissioner or commissioner of insurance rules.

Labor Code §402.00111 provides that the commissioner of workers' compensation shall exercise all executive authority, including rulemaking authority under Title 5 of the Labor Code.

Labor Code §402.00116 provides that the commissioner of workers' compensation shall administer and enforce this title, other workers' compensation laws of this state, and other laws granting jurisdiction to or applicable to the division or the commissioner.

Labor Code §402.061 provides that the commissioner of workers' compensation shall adopt rules as necessary to implement and enforce the Texas Workers' Compensation Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2025.

TRD-202500812

Kara Mace

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Effective date: March 26, 2025

Proposal publication date: October 25, 2024

For further information, please call: (512) 804-4703