| 1 | 1 | | 81R442 PB-F |
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| 2 | 2 | | By: Leibowitz H.B. No. 32 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting discrimination against certain employees |
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| 8 | 8 | | who sustain an injury in the course and scope of employment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 451.001, Labor Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. |
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| 13 | 13 | | (a) A person may not discharge or in any other manner |
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| 14 | 14 | | discriminate against an employee whose employer has workers' |
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| 15 | 15 | | compensation insurance coverage because the employee has: |
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| 16 | 16 | | (1) filed a workers' compensation claim in good faith; |
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| 17 | 17 | | (2) hired a lawyer to represent the employee in a |
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| 18 | 18 | | workers' compensation claim; |
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| 19 | 19 | | (3) instituted or caused to be instituted in good |
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| 20 | 20 | | faith a proceeding under Subtitle A; or |
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| 21 | 21 | | (4) testified or is about to testify in a proceeding |
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| 22 | 22 | | described by Subdivision (3) [under Subtitle A]. |
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| 23 | 23 | | (b) A person may not discharge or in any other manner |
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| 24 | 24 | | discriminate against an employee whose employer does not have |
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| 25 | 25 | | workers' compensation insurance coverage because the employee has: |
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| 26 | 26 | | (1) instituted or caused to be instituted in good |
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| 27 | 27 | | faith a proceeding under common law relating to an injury sustained |
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| 28 | 28 | | by the employee in the course and scope of the employee's |
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| 29 | 29 | | employment, including an action described by Section 406.033; or |
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| 30 | 30 | | (2) testified or is about to testify in a proceeding |
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| 31 | 31 | | described by Subdivision (1). |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a cause of action that accrues on or after the effective date of |
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| 34 | 34 | | this Act. A cause of action that accrues before that date is |
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| 35 | 35 | | governed by the law as it existed immediately before the effective |
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| 36 | 36 | | date of this Act, and that law is continued in effect for that |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2009. |
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