82R7112 RWG-F
By: Duncan S.B. No. 1714
A BILL TO BE ENTITLED
AN ACT
relating to certain actions against an employer by an employee who
is not covered by workers' compensation insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 406.033(a) and (d), Labor Code, are
amended to read as follows:
(a) In an action against an employer by or on behalf of an
employee who is not covered by [who does not have] workers'
compensation insurance obtained in the manner authorized by Section
406.003 [coverage] to recover damages for personal injuries or
death sustained by an employee in the course and scope of the
employment, it is not a defense that:
(1) the employee was guilty of contributory
negligence;
(2) the employee assumed the risk of injury or death;
or
(3) the injury or death was caused by the negligence of
a fellow employee.
(d) In an action described by Subsection (a) against an
employer by or on behalf of an employee who is not covered by [who
does not have] workers' compensation insurance obtained in the
manner authorized by Section 406.003 [coverage], the plaintiff must
prove negligence of the employer or of an agent or servant of the
employer acting within the general scope of the agent's or servant's
employment.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law in effect on the date the cause of
action accrued, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.