Texas Codes

Tex. Lab. Code § 415.001 (2026)

Administrative Violation By Representative Of Employee Or Legal Beneficiary

✓ current as of May 2026
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Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE OF EMPLOYEE OR LEGAL BENEFICIARY. A representative of an employee or legal beneficiary commits an administrative violation if the person:

(1) fails without good cause to attend a dispute resolution proceeding within the division;

(2) attends a dispute resolution proceeding within the division without complete authority or fails to exercise authority to effectuate an agreement or settlement;

(3) commits an act of barratry under Section 38.12, Penal Code;

(4) withholds from the employee's or legal beneficiary's weekly benefits or from advances amounts not authorized to be withheld by the division;

(5) enters into a settlement or agreement without the knowledge, consent, and signature of the employee or legal beneficiary;

(6) takes a fee or withholds expenses in excess of the amounts authorized by the division;

(7) refuses or fails to make prompt delivery to the employee or legal beneficiary of funds belonging to the employee or legal beneficiary as a result of a settlement, agreement, order, or award;

(8) violates the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas;

(9) misrepresents the provisions of this subtitle to an employee, an employer, a health care provider, or a legal beneficiary;

(10) violates a commissioner rule; or

(11) fails to comply with this subtitle.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.265, eff. September 1, 2005.

Notes of Decisions
Cited in 3 cases, 1999–2015 · leading case: ExxonMobil Corp. v. Kirkendall, 151 S.W.3d 594 (Tex. App. 2004).
ExxonMobil Corp. v. Kirkendall, 151 S.W.3d 594 (Tex. App. 2004). “Tex. Lab.Code Ann. § 415.001 et seq.; 28 Tex.”
in Re Texas All. of Energy, AKA Texas All. of Energy Producers Workers' Comp. Self-Insured Grp. Trust (Tex. App. 2015). “See Tex. Labor Code Ann. §§ 415.001 -.036 (West 2006 & Supp.”
Edie Crain v. Smithville Reg'l Hosp. & James W. Langford (Tex. App. 1999). “See Tex. Lab. Code Ann. §§ 415.001 -.035 (West 1996 & Supp.”
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