The Chamber

EXECUTIVE SUMMARY:  Lubbock Chamber of Commerce 2009 State Policy Priorities

EDUCATION/EDUCATION REFORM/WORKFORCE TRAINING

• Support Texas Tech in their effort to reach Tier 1 Flagship status as well as Texas Tech’s goal of 40,000 students by 2020 and their pursuit for a substantial increase in formula funding--for both instruction and infrastructure. Support the legislative priorities of the Texas Tech University System and component institutions.  Support reforms to the top 10% rule for college admissions that would also allow colleges to expand enrollment to include other criteria and special talents, including student leadership, musical virtuosity or special aptitude in math or literature.
• Support South Plains College and TACC regarding appropriations and employee benefits, and support increasing Texas Education Opportunity Grants. 
• Support legislation that allows school districts to financially reward campuses that achieve exemplary student performance or significant incremental gains.

ECONOMIC DEVELOPMENT/TRANSPORTATION

• Support legislation to extend Tax Increment Financing authority for Lubbock’s Central Business District to 2031.
• Oppose legislation that would alter current system for selection of hosting locations for certain University Interscholastic League extracurricular competitions.
• Support the use of additional state or federal funding for completing projects already underway.  Support an increase in state provided funds and a change in the current funding formula for public transportation. Support limitations on the use of motor fuel taxes, except for the constitutionally-required percentage used to fund our educational system, by reducing diversions to the fullest extent.

AGRICULTURE/WATER/NATURAL RESOURCES

• Support full & sufficient funding of boll weevil control programs.
• Support the current state ground water law, commonly known as the “Rule of Capture,” as amended by the rules of local ground water conservation districts.  Support legislation that would limit the eminent domain powers and address the creation of fresh water supply districts.
• Support legislation that would further the development of wind energy zones and transmission lines, making possible the transmission of wind energy harvested in West Texas to more populous areas that are within the ERCOT power grid.

HEALTHCARE

• Increase access and choice of health care programs by supporting market-driven health policies that maximize consumer and public benefit and allow for the continuation of employer-sponsored voluntary health care coverage.  Oppose any measure that increases costs for Texas employers and their employees and families. Protect and expand previous legislation that allows for employers or employer groups to band together to purchase affordable health benefits for employees.
• Support the Nursing Workforce Coalition and adding $60 million to nursing education funding to double the number of nursing graduates by 2013.

TAXES/ECONOMY/WORKPLACE

• Oppose efforts to allow public employees or require private employers to subsidize or promote labor unions or similar organizations through payroll collection of dues and contributions.
• Support legislative measures to equitably distribute the burden of business sector taxes among all businesses, including service and manufacturing.  Also, support legislation ensuring that homeowners and businesses share support for public education. Support Truth in Taxation as a preferred method of expenditure control by government entities.

2009 State Legislative Policy Positions

AGRICULTURE/WATER/NATURAL RESOURCES

Boll Weevil Funding.  Support full & sufficient funding of boll weevil control programs.

Texas Department of Agriculture.  Provide additional resources, including authorization and funding for regional travel, to the Texas Department of Agriculture as it addresses the economic development needs of rural communities. 

Water.  Support the the “Rule of Capture,” as amended by the rules of local ground water conservation districts.  The Chamber supports the legislature’s position that strong local ground water conservation districts are the preferred method of ground water management in Texas.  State water policy should not be “one-size-fits-all,” and any legislation to quantify and/or limit ground water pumpage should be further researched with local economies in mind.  Support legislation that would limit the eminent domain powers and address the creation of fresh water supply districts.

Water Research.  Support additional federal and/or state funding for water-related research projects, as long as a project benefits the region and does not negatively impact area producers and other water users.  Support needed research on desalination efforts, particularly with regard to brackish ground water supplies in the Santa Rosa aquifer.

Energy.  Support legislation that would further the development of wind energy zones and transmission lines, making possible the transmission of wind energy harvested in West Texas to more populous areas that are within the ERCOT power grid.

HEALTH CARE

Access.  Increase access and choice of health care programs by supporting market-driven health policies that maximize consumer and public benefit and allow for the continuation of employer-sponsored voluntary health care coverage. Tools should be explored that would allow employers selection of the highest quality benefits and the lowest, most competitive prices. Oppose tax legislation that penalizes employers who offer health benefits.

Affordability.  Oppose any measure that increases costs for Texas employers and their employees and families.

Coalitions/Cooperatives:  Protect and expand previous legislation that allows for employers or employer groups to band together to purchase affordable health benefits for employees.

Consumer-directed health care.  Support legislation to promote enhanced transparency and consumer-directed health care models. Encourage employees to be more involved in their health, and encourage education of employers and employees on actual health care costs and fees. Promote understanding that a healthy employee and a healthy family create a productive workforce.

Corporate practice of medicine.  Support legislation to eliminate state prohibitions on the direct employment of physicians by hospitals and other providers of health services.

Health care contracting.  Oppose legislation that restricts the ability of health insurers to negotiate contracts with physicians and providers.

Liability.  Prevent needless increases in cost and litigation through the expansion of any kind of medical liability. Support legislation to curb existing abuses and the filing of frivolous lawsuits.

Mandated benefits. Oppose any additional mandates on employers providing health care.

Market flexibility.  Allow employers and consumers the flexibility to pursue new products and administration of health care benefits by allowing flexibility to Texas employers. Allow employers to build their own plans and allow freedom of choice through flexible health plans and consumer disclosures.

Personal responsibility for health. Support legislation and other state actions to encourage and equip each Texan to accept personal responsibility for his or her health throughout their lifetime.

Physician self-referral. Support legislation and other state actions to collect data to disclose physician self-referral for all health services, to enforce disclosure of self-referral to patients and health plans and to prohibit self-referral for those services where it has been shown that self-referral unnecessarily increases health care costs.

State-sponsored health care.  Support legislation strengthening and improving HIPP, Medicaid and CHIP programs with comprehensive reforms that encourage budget certainty and savings while providing high quality care through the utilization of managed care in delivering services to those enrolled in Medicaid and CHIP.

Supply of healthcare professionals. Support legislation and appropriations to expand the educational pipeline for physicians, nurses, physician assistants and other health care professionals by public colleges and universities.
Support the Nursing Workforce Coalition and adding $60 million to nursing education funding to double the number of nursing graduates by 2013.

Uninsured.  Support targeted, market-based reforms that enhance the employer-based system to provide affordable access to quality care. Encourage greater voluntary participation of individuals by expanding access and choice.

Waiver of co-payments. Support legislation to stop the waiving or discounting of co-payments, in whole or in part, for insured patients, and encourage enforcement of existing law.

EDUCATION/EDUCATION REFORM/WORKFORCE TRAINING

Academic excellence.  Support excellence initiatives aimed at moving students from minimum expectations to maximum achievement. Districts should be rewarded for significant incremental gains on TAKS and students should be rewarded who complete the “distinguished achievement program” of more rigorous high school courses.  

Accountability.  Oppose any additional monies, except those that address student population and cost increases, into education without accountability reform and without initiatives taken by school districts to increase efficiency and quality of education through innovative measures such as shared services.

Career and technology.  Support career and technology education that fully articulates with community colleges where appropriate and meets the needs of employers in Texas.

Classroom size mandate.  Support legislation that creates flexibility for school districts in the requirement that grades K through 4 be comprised of no more than 23 students to one teacher, allowing school districts to use the 23:1 mandate as a district average.

Communities in schools.  Support the Communities in Schools Programs in Texas, a dropout prevention or organization which focuses on helping young people to successfully learn, stay in school, and prepare for life.

Dropout prevention.  Support measures that financially reward campuses for retaining students beyond the ninth grade. 

Higher Education (University and Junior College).  Support Texas Tech in their effort to reach Tier 1 Flagship status as well as Texas Tech’s goal of 40,000 students by 2020 and their pursuit for a substantial increase in formula funding--for both instruction and infrastructure. This will allow all higher education entities to fulfill their missions of instruction, research and public service with less cost shifting to the students (ie, tuition and fee increases).

In addition to increasing the base formula funding, support the following priorities of the Texas Tech University System and component institutions:

• Equitable funding as compared to other systems in the state; 
• Increased Texas Tech University funding for research advancement to hire additional research faculty clusters to advance TTU's pursuit of being recognized as a nationally competitive research university;
• Additional funding for TTUHSC to fully staff and operate the facilities of the 4 year Medical School in El Paso for the medical students beginning in Fall 2009;
• Funding for Angelo State University to expand its New College of Nursing and Allied Health.

Support the Texas Association of Community Colleges in their priorities regarding appropriations and employee benefits.

Support increasing Texas Education Opportunity grants.

Local control.  Support measures that give school districts the flexibility to meet the needs of their students.

P-20.  Support efforts such as Closing the Gaps and support efforts to adequately and equitably fund Lubbock’s educational institutions  at the “P thru 26” levels in order to ensure a well educated workforce in Lubbock. 

Parental involvement.  Support measures that encourage parents to become active partners with their children’s teachers and administrators.

Pay for performance.  Support legislation that allows school districts to financially reward campuses that achieve exemplary student performance or significant incremental gains.

Reform Initiatives.  Review & evaluate education reform initiatives launched by the U.S. Chamber of Commerce and the Texas Association of Business in support of the business community. 

School spending.   Support legislation requiring more financial transparency in school spending so taxpayers will see how their investment is being managed.

Skills Development Program.  Support increased funding for the Skills Development Program administered by the Texas Workforce Commission.  Maintain Skills Development Fund grants at the Texas Workforce Commission to improve workforce training.

Tax incentives.  Support legislative tax incentives to encourage business participation in education initiatives.

Technology Workforce Development Grant Program.  Support the continuation of funding for the Texas Technology Workforce Development Grant program, which is awarded for computer science and electrical engineering instruction at various institutions of higher education in Texas.

Top 10% rule for college admissions. Support reforms to the top 10% rule for college admissions that would also allow colleges to expand enrollment to include other criteria and special talents, including student leadership, musical virtuosity or special aptitude in math or literature.

Supply of healthcare professionals. Support legislation and appropriations to expand the educational pipeline for physicians, nurses, physician assistants and other health care professionals by public colleges and universities.
Support the Nursing Workforce Coalition and adding $60 million to nursing education funding to double the number of nursing graduates by 2013.

ECONOMIC DEVELOPMENT

Economic development funds. Support state-appropriated economic development funds for rural areas of the state.

Energy and economic development. Support healthy economic growth in Texas by promoting the production of adequate supplies of all forms of energy. 

Sales Tax for Economic Development

• Support continued use of a locally approved 1/2 cent sales tax collected by cities to fund economic development efforts.
• Oppose efforts to reduce local control of these funds or efforts to limit the uses of these funds. Because these funds are local funds, taxpayers should retain the right to manage their use so long as they are used for economic development purposes.
• Support the removal of county average wage restrictions that limit a local government’s use of these funds for local job training purposes.
• Support efforts to clarify that the purpose of the sales tax funds is to serve as economic development tools and to prevent raids on the funds for projects that are not related to economic development.
• Support the use of venture capital funds in West Texas and support state emerging technology funding
• Monitor legislation that would create a funding mechanism for cultural district designations.  Support Lubbock’s efforts to obtain a cultural district designation.

Skills Development Program.  Support increased funding for the Skills Development Program administered by the Texas Workforce Commission.  Maintain Skills Development Fund grants at the Texas Workforce Commission to improve workforce training.

Tax abatements and other economic development incentives. Continue to support local control and flexibility in the use of tax abatements, tax increment financing, reinvestment zones and other incentives to promote economic development and job creation.  Additionally, support the ability of local taxing districts to phase in tax abatements.  Encourage the legislature to evaluate Texas’ competitiveness and the role that taxes and other incentives play.

Tax Increment Financing:  Support legislation to extend Tax Increment Financing authority for Lubbock’s Central Business District to 2031.

SB 101/HB 68:  Oppose this legislation that would alter current system for selection of hosting locations for certain University Interscholastic League extracurricular competitions.

TRANSPORTATION:

Ongoing Projects: Support the use of additional state or federal funding for completing projects already underway. 

Multi-Modal Improvements and Integration:  Support TXDOT efforts to assess and improve freight rail infrastructure in West Texas. Also support to integrating and coordinating to the maximum extent possible existing and future transportation corridors with energy corridors under development.  Support a stable revenue stream for rail improvements. 

Inland Ports: Support legislation that would provide innovative funding mechanisms for the improvement of designated inland ports.

TTC Ports-to-Plains and International Trade Corridors:   Support efforts to establish and improve the Ports to Plains Corridor as a Trans Texas Corridor to accommodate current and future Texas transportation demands resulting from trade agreements. 

Toll roads: Support the construction of toll roads in major metropolitan areas where economically feasible and appropriate. Tolls should be dedicated solely to maintenance and new construction.

Motor Fuels Tax:  Support limitations on the use of motor fuel taxes, except for the constitutionally-required percentage used to fund our educational system, by reducing diversions to the fullest extent. 

Financing. Support innovative or private-public financing of roads where appropriate and feasible.

TTC Ports-to-Plains.   Support efforts related to the Ports to Plains Corridor.

Increase in State provided public transportation funds.  Annual State funding needs are $50,000,000 or $100,000,000 for the 2010-2011 biennium.  In 2008 there is a $63,000,000 gap between available Federal funding and State funding.  State funding needs to be increased to close that gap or Texas faces the possibility of losing Federal transit operating funds that must be matched dollar for dollar.  A May 2008 needs survey of the state transit agencies conducted by the Texas Transit Association confirms an annual State need of at least $60,000,000.  Increasing the State funding will ensure that small urban and rural transit agencies can meet the 20% and higher increase in ridership demand.  The source of State funds can be any combination of Fund 6 and General Revenue funds. 

Change Current Funding Formula for Public Transportation. Recommend change to the current funding formula to eliminate the provision that the Texas Transportation Commission be allowed to retain any new funds above FY 04 levels to spend at their discretion.  Commission Discretionary Funds should be limited to 10% of allocated Federal and State funding for all transit grant programs.  In 2008 the funding formula allocated more than 20% of the Federal 5311 rural public transportation funds to the Commission Discretionary Fund.

Local Option County Public Transportation Fee. As a means of generating additional revenues to support the State’s public transportation providers, legislation needs to be passed that would enable the State’s counties to assess a local option fee of $10.00 to be added to the registration fees for each vehicle and trailer licensed in the county. The county public transportation fee would be implemented at the discretion of each County Commission and subject to collection by the county of a 10% administration fee.  Revenues would be distributed to the designated recipients of state and federal public transportation funds whose service area includes the address of the registered vehicle.

WORKPLACE/EMPLOYMENT

Arbitration. Oppose any effort to modify the Halliburton case where the Supreme Court upheld an employer’s right to establish a mandatory arbitration program applicable to at-will employees. 

Devolution of federal programs to the states. Support transferring control over federally mandated programs like unemployment insurance to the states, thereby reducing employers’ tax burdens and increasing local control over workforce-related programs.

Drug testing. Oppose attempts to restrict the rights of employers to conduct random and/or universal drug testing of employees.

Drug testing for Unemployment Insurance (UI) beneficiaries. Support drug testing as a requirement for receipt of unemployment benefits and to certify UI claimants as drug-free applicants.

Employer control over work environment. Support efforts to maintain employers’ prerogative to control the workplace, thereby creating a safe, satisfying and harmonious working environment.

Employment-at-will. Oppose legislation that would erode employment-at-will as a right for all Texas employers and employees.

Ergonomics. Oppose legislation and regulations on a federal level that would increase the already-considerable burden on employers regarding OSHA requirements.

Fair Labor Standards Act reform. Support efforts to reform the wage and hour laws by allowing more flexibility for employers and employees in hours worked during a pay period before mandating overtime pay.

Family and Medical Leave Act. Oppose efforts to modify FMLA, and oppose any initiatives to require employers to pay for FMLA leave with unemployment insurance taxes.

Living-wage ordinances. Oppose piecemeal mandates that vary from city to city requiring employers to pay a wage level higher than the federally required minimum wage.

Minimum wage. Oppose arbitrary increases in minimum wage which cannot be supported by improvements in productivity and which deprive many entry-level workers of job opportunities.

Public Collective Bargaining Rights. Oppose any expansion of collective bargaining rights in the public sector since the current system adequately provides for employee participation without the potential for disruption of services.

Right-to-work. Support efforts to keep Texas a right-to-work state and oppose agency shop legislation.

Subsidized training wage. Support legislation to allow employers to apply part of their unemployment insurance taxes toward the cost of training workers for their businesses.

Unemployment insurance reform. Support unemployment insurance reform to improve effectiveness and reduce the burden to employers, including legislation treating severance pay the same as wages in lieu of notice, tightening up on work search requirements for claimants, and improving TWC’s verification procedures for unemployment claims.

Unemployment insurance reform. Support fundamental changes in the unemployment insurance system that would abolish traditional federally controlled unemployment insurance programs in favor of establishing individual Unemployment Savings Accounts (USAs) for employees.  These would be available if needed for unemployment, training, or as a supplement to retirement income.

Unemployment savings accounts. Support fundamental changes in the unemployment insurance system that would abolish traditional federally controlled unemployment insurance programs in favor of establishing individual Unemployment Savings Accounts (USAs) for employees that would be available if needed for unemployment, training, or as a supplement to retirement income.

Union dues check-off.  Oppose efforts to allow public employees or require private employers to subsidize or promote labor unions or similar organizations through payroll collection of dues and contributions.

ENVIRONMENTAL

Access to research. Support legislation to require that research relied upon as the basis for proposed regulations by state and federal environmental agencies is made available for review by the regulated community before a regulation can be adopted.

Clean air. Support scientifically supportable and practicably achievable efforts to help areas which are in non-attainment come into attainment under the Clean Air Act Amendments of 1990, help near non-attainment areas stay in attainment, ensure that the responsibility for emission reductions is shared equitably among all emission sources, and assure that efforts toward cleaner air are directed in a manner that balances environmental gain with economic impact.

Cost of federal and state regulations. Support Texas law that requires state environmental agencies to estimate the cost and net benefits to regulated entities before adopting any major proposed rule, and oppose legislation that places additional requirements on business and industry without appreciable benefit to the environment.

End of life/take-back. Oppose legislative efforts to implement mandatory consumer electronics and appliance take-back programs in Texas that unfairly place the cost burdens on manufacturers and/or distributors. Oppose limitations and restrictions on the types of materials contained in electronics and appliances produced or sold in Texas. Support voluntary take-back programs, and support research programs that would lead to increased recycling, refurbishment and reduction of hazardous materials in landfills.

Environmental audits. Support Texas law that encourages environmental compliance by allowing the use of a self-evaluation privilege that protects a company’s voluntary environmental and health and safety audits from being used in legal actions against the company under certain conditions.

Environmental education. Support activities for teachers and students in Texas public schools that promote a balanced perspective in environmental education based on sound science.

Environmental fees. Oppose the imposition of new fees to pay for environmental quality programs unless such fees are broad-based user fees and unless such programs demonstrate critical environmental needs impacting health and safety.

Environmental justice. Support the granting or renewal of permits on environmental and health-based standards and oppose permit programs that favor any community strictly because of its racial or economic composition.

Environmental regulatory structure.  Support an environmental regulatory structure that bases state law on the enactment of federal environmental laws and regulations so that consistency is maintained.  Oppose expanding the environmental authority of local governmental entities.

Flexibility. Support efforts to expand operational flexibility options in environmental permit and compliance programs as long as the same or greater environmental protection is maintained. Designing such flexible operational programs can achieve significant cost-savings for both the state and the regulated community and still protect and enhance the environment.

Green buildings.  Oppose legislation in the area of energy and energy efficiency that pits products against each another based on artificial or unsound science.  The market place should be allowed to dictate the choice of building materials based on performance standards.

Incentives instead of mandates. Support incentives for business to meet and exceed environmental legal requirements, thereby increasing environmental effectiveness and operational flexibility.

Paperwork reduction. Support state and Congressional efforts to streamline small businesses’ paperwork burdens within the environmental permit and enforcement process and ease civil fines on first-time paperwork violations so that small businesses may correct the violations.

Standing in contested cases. Support Texas law that prohibits the state environmental agency from granting party status in a contested case hearing unless a justifiable or economic interest in the permit activity can be demonstrated.

Streamlining the permit process. Support legislation to streamline the permitting process to ensure that businesses can maintain environmental compliance and at the same time minimize roadblocks that result in expensive procedural delays.

IMMIGRATION

Support immigration policies and procedures that are responsible, efficient, and fair. Urge attention to current and potential delays, backlogs, and disruptions in our immigration and border management systems that impede the movement of legitimate cargo and travelers across U.S. borders. Continue to advance long-term legal immigration objectives to secure additional workers to counteract demographic trends.  Ensure the continuity of H-1B, L-1 and J-1 medical visas for professionals and highly valued workers. Push for continuation of employers’ ability to access needed talent and meet global workforce needs.  Urge a workable guest-worker program that encourages secure, documented entry to the U.S.

TAXES

Equity. Support legislative measures to equitably distribute the burden of business sector taxes among all businesses, including service and manufacturing.  Also, support legislation ensuring that homeowners and businesses share support for public education.

Fiscal policy. Require government at every level to practice fiscal responsibility.  State and local spending controls are desirable that restrict budget growth beyond population and inflation indices.

Franchise (margin) tax. Support a graduated approach to the franchise (margin) tax for businesses which have sales less than $1 million.

Franchise (margin) tax—Business losses. Support authorizing a business’s losses on the franchise (margin) tax to be carried forward for up to 10 years.

Franchise (margin) tax--Exemption of flow-through funds. Support an exemption from the franchise (margin) tax of all flow-through funds that are mandated by contract to be distributed to other entities.

Franchise (margin) tax--Rebating excess revenue. Support rebating to taxpayers any excess revenue collected from the franchise (margin) tax.

Franchise (margin) tax—Research and development tax credit. Support reinstating the research and development tax credit (provided under the previous franchise tax) and allowing it to be carried forward.

Franchise (margin) tax--Subtracting compensation paid to independent contractors. Support allowing businesses that elect to subtract compensation in computing their taxable margin to include wages and cash compensation paid to independent contractors if the total revenue of that business is below $2 million.

Gross receipts user fees. Oppose any attempt to retroactively or prospectively impose a percentage of gross receipts use fee or street crossing surtaxes on the transmission of natural gas, crude oil petroleum products, petrochemicals and other goods, through pipelines.

Gross receipts tax. Oppose the imposition of a gross receipts tax in Texas.

Incentives. Support government tax policy that is effective in increasing investment to create new jobs and expand economic activity.  This would include specific exemptions, like those for manufacturing use, construction and electricity use, as well as, reasonable abatements, enterprise funds, and reinvestment zones.

Inventory tax. Support elimination or reduction of local inventory taxes. Texas is one of only six states that permit the levy of a property tax on inventories. This places the state at a severe economic disadvantage.

Mandates. Oppose unfunded government mandates which shift the cost of financing programs to either the private sector or other levels of government.

Privatization. Encourage prudent privatization efforts in government for increased efficiency and to reduce government spending when most advantageous.

Property tax relief/tax structure. Oppose efforts to increase the property tax burden since 58% of all property taxes are paid by businesses.

Regulatory Policy. Maintain a regulatory climate that does not impose hidden taxes on employers through excessive fees and fines and reduces excessive regulations to promote, rather than impede, economic growth and job creation.

Research and development tax incentive. Support the continued expansion of tax incentives designed to aid our state’s research and development industries. Expansion of the Research and Development Tax Credit program would be one way to do this.

Split roll.  Oppose any plan which splits the property tax rolls either by rate or by making one a state-wide tax.  Oppose any tax plan or component that allows the state to treat businesses differently from homeowners.

Truth in Taxation.  Support Truth in Taxation as a preferred method of expenditure control by government entities.

Windfall profits tax.  Oppose efforts to impose “windfall profits taxes” or to penalize companies for substantial and sudden profits.

TORT REFORM

Alternative dispute resolution. Support legislation that creates cost-effective mechanisms and incentives for the use of alternative dispute resolution.

Extension of exclusive remedy. Support legislation that closes the loophole in Texas law that allows an injured worker to collect more for the same injury by suing both the employer and a parent or sister corporation of the employer.

Judicial selection. Support legislation that creates a mechanism for the merit selection and non-partisan retention election of qualified jurists.

Jury service. Support legislation to reform jury service requirements to streamline the process and encourage jury service.

Legal ethics reform. Support legislation to ensure that the process for disciplining lawyers is effective to prevent abuse but retains “local peer” direction and review.

Medical malpractice.  Protect reforms enacted to address rising medical malpractice insurance costs.

Special courts. Support legislation to allow the Texas Supreme Court to create special courts and/or assign cases to specific courts in matters requiring medical or technical expertise.

Statutes of limitation. Oppose attempts to amend current law to extend statutes of limitations or timetables for filing a lawsuit.

Workers’ Compensation/Nonsubscription

Accountability of Providers. Support accountability measures for providers within the workers’ compensation system.

Administrative simplification. Support legislation to reduce unnecessary administrative burdens in the workers’ compensation system on employers, insurance carriers, injured workers, and health care providers.

Arbitration. Oppose any efforts to disallow or negatively impact arbitration, which allows disputes to be resolved in a timely manner. Oppose additional restrictions on arbitration.

Employer responsibilities. Support efforts to streamline the statutory process in which an employer is required to notify its employees about any change to its workers’ compensation program relating to networks.

Exemplary damage caps. Oppose legislation to remove caps on exemplary damages in workers’ compensation claims.

Fraud: monitoring, detection and prosecution. Support legislation that increases the Texas Department of Insurance focus on identifying and prosecuting fraud and abuse within the workers’ compensation system. Also, support incentives for identification and successful prosecution of workers’ compensation fraud.

Health and safety. Support cost-effective health and safety measures.

Illegal drug use. Support legislation encouraging zero tolerance for the presence of alcohol or illegal drugs on the job. Support efforts to make the intoxication defense stronger.

Impairment ratings. Maintain the objectivity of the workers’ compensation system by ensuring that adopted medical impairment guidelines do not raise impairment benefit amounts. Also, support continued monitoring of the income benefits system.

Mandatory Workers’ Compensation. Oppose legislative efforts to mandate workers’ compensation coverage.

Mental health. Oppose legislation designed to expand mental health treatment guidelines, or the inclusion of psychologists as authorized treating physicians.

Opinion of chosen doctor. Support legislation to clarify that claimants may not appeal the opinions of their treating doctor in the areas of medical treatment, impairment and dispute process.

Over-burdensome laws. Oppose legislation that imposes new laws or regulations on employers that are non-subscribers to workers’ compensation.

Public use data files. Support requiring the Texas Department of Insurance to make available a public use data file (PUDF) that protects the confidentiality of claimants and employers, but identifies health care providers and insurance carriers. Support all changes in the confidentiality provisions of the Texas Workers’ Compensation Act necessary to allow distribution of the PUDF and to allow publication of medical disputes, appeals panel and the State Office of Administrative Hearings decisions with protection only of claimant and employer confidentiality.

Reduction of unnecessary laws. Support legislation to reduce unnecessary administrative and legal burdens on all employers.

Regulatory efficiency. Support measures to increase efficiency in the operation and administration of the Texas Department of Insurance.

Retaliatory discharge. Support legislation to limit damages and restrict the scope of action filed by a terminated employee for workers’ compensation retaliatory discharge.

Settlements. Oppose legislation that attempts to reintroduce lump sum settlements, including medical lifetime benefits, into the Texas workers’ compensation system.

Statutory employer. Support clarification of the law granting immunity from lawsuits to the direct employer of an injured worker.

Subsequent injury fund. Support legislation to secure the solvency of the subsequent injury fund that does not require an increase in the maintenance tax.

Treating physicians. Support legislation that strengthens the role of treating physicians to ensure quality medical care and effective management of care for injured workers. Also support clarifying current law regarding the authorization for treating doctor.

Utilization review. Support legislation to promote utilization review as a method of cost containment and quality improvement.

Waiver. Support legislation to specify that the defense of “No compensable injury” cannot be waived regardless of any time constraints.