TITLE 28. INSURANCE

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

CHAPTER 63. PROMPTNESS OF FIRST PAYMENT

INTRODUCTION. The Texas Department of Insurance, Division of Workers' Compensation (DWC) adopts the repeal of 28 TAC §63.5, concerning a required Industrial Accident Board quarterly report. The Industrial Accident Board no longer exists, and the authority for the required report was repealed in 1989. DWC adopts §63.5 without changes to the proposal published in the October 17, 2025, issue of the Texas Register (50 TexReg 6859). The rule will not be republished.

REASONED JUSTIFICATION. Repealing §63.5 is necessary because it was adopted under Vernon's Texas Civil Statutes, Article 8307, §4, which was repealed in 1989 under Acts 1989, 71st Legislature, 2nd Called Session, Chapter 1, §16.01(10), effective January 1, 1991. Article 8307, §4 was not later recodified into the Texas Labor Code.

SUMMARY OF COMMENTS AND INFORMATION SUBMITTED, AND AGENCY RESPONSE.

Commenters: DWC received one written comment, and no oral comments. No commenters included information, data, research, or analysis about the cost, benefit, or effect of the proposal. The Office of Injured Employee Counsel (OIEC) commented in support of the proposal. DWC did not receive comments that were against the proposal.

Comment on §63.5. OIEC commented that they support the repeal of §63.5.

Agency Response to Comment on §63.5. DWC appreciates the comment.

STATUTORY AUTHORITY. The commissioner of workers' compensation adopts the repeal of 28 TAC §63.5 under Labor Code §§402.00111, 402.00116, and 402.061.

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 December 16, 2025.

TRD-202504674

Kara Mace

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Effective date: January 5, 2026

Proposal publication date: October 17, 2025

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

CHAPTER 133. GENERAL MEDICAL PROVISIONS

INTRODUCTION. The Texas Department of Insurance, Division of Workers' Compensation (DWC) adopts the repeal of 28 TAC §133.4 and §133.5, concerning informal and voluntary networks, and §133.309, concerning medical disputes for workers' compensation claims. DWC adopts §§133.4, 133.5, and 133.309 without changes to the proposal published in the October 10, 2025, issue of the Texas Register (50 TexReg 6655). The rules will not be republished.

REASONED JUSTIFICATION. Repealing §133.4 and §133.5 is necessary because they expired on January 1, 2011, when Texas Labor Code §413.011(d-1) - (d-3) and (d-6) expired. Repealing §133.309 is necessary because the Third Court of Appeals, Austin, Texas, declared it invalid in 2008. Texas Dept. of Ins. v. Insurance Council of Texas, No. 03-05-00189-CV, 2008 WL 744681(Tex. App.- Austin March 21, 2008, no pet.). Repealing these rules is necessary to ensure that the rules in the subchapters are relevant, which reduces clutter and confusion.

SUMMARY OF COMMENTS AND INFORMATION SUBMITTED, AND AGENCY RESPONSE.

Commenters: DWC received one written comment, and no oral comments. No commenters included information, data, research, or analysis about the cost, benefit, or effect of the proposal. The Office of Injured Employee Counsel (OIEC) commented in support of the proposal. DWC did not receive comments that were against the proposal.

Comment on §133.4 and §133.5. OIEC supports the repeal of §133.4 and §133.5 as they expired on January 1, 2011.

Agency Response to Comment on §133.4 and §133.5. DWC appreciates the comment.

Comment on §133.309. OIEC supports the repeal of §133.309 because it was declared invalid in Texas Dept. of Ins. v. Insurance Council of Texas, No. 03-05-00189-CV, 2008 WL 744681(Tex. App.- Austin March 21, 2008, no pet.).

Agency Response to Comment on §133.309. DWC appreciates the comment.

SUBCHAPTER A. GENERAL RULES FOR MEDICAL BILLING AND PROCESSING

STATUTORY AUTHORITY. The commissioner of workers' compensation adopts the repeals of 28 TAC §133.4 and §133.5 under Labor Code §§402.00111, 402.00116, 402.061, 413.011, and 413.0115.

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 DWC 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.

Labor Code §413.011 provides health care reimbursement policies and guidelines.

Labor Code §413.0115 provides requirements for certain voluntary or informal networks.

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 December 18, 2025.

TRD-202504711

Kara Mace

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Effective date: January 7, 2026

Proposal publication date: October 10, 2025

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

SUBCHAPTER D. DISPUTE OF MEDICAL BILLS

STATUTORY AUTHORITY. The commissioner of workers' compensation adopts the repeal of §133.309 under Labor Code §§402.00111, 402.00116, 402.061, and 413.031.

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 DWC 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.

Labor Code §413.031 outlines medical dispute resolution.

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 December 18, 2025.

TRD-202504712

Kara Mace

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Effective date: January 7, 2026

Proposal publication date: October 10, 2025

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