H.B. No. 1762
AN ACT
relating to workers' compensation and other remedies available to
an injured temporary employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 93, Labor Code, is amended by adding
Section 93.004 to read as follows:
Sec. 93.004. WORKERS' COMPENSATION INSURANCE COVERAGE. (a)
A certificate of insurance coverage showing that a temporary
employment service maintains a policy of workers' compensation
insurance constitutes proof of workers' compensation insurance
coverage for the temporary employment service and the client of the
temporary employment service with respect to all employees of the
temporary employment service assigned to the client. The state or a
political subdivision of the state shall accept a certificate of
insurance coverage described by this section as proof of workers'
compensation coverage under Chapter 406.
(b) For workers' compensation insurance purposes, if a
temporary employment service elects to obtain workers'
compensation insurance, the client of the temporary employment
service and the temporary employment service are subject to
Sections 406.034 and 408.001.
(c) Except as provided by Subsection (d), an employee's
election under Section 406.034(b) made with respect to the
temporary employment service applies to any client of the temporary
employment service, and the employee may not make a separate
election under that section with respect to the client.
(d) If an employee elects to retain a common-law right of
action under Section 406.034(b) with respect to the temporary
employment service, that election does not apply to a client of that
temporary employment service if the client is not subject to
Section 406.034.
SECTION 2. The change in law made by this Act applies only
to a claim based on a work-related injury that occurs on or after
the effective date of this Act. A claim based on a work-related
injury that occurs before the effective date of this Act is governed
by the law in effect on the date the injury occurred, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1762 was passed by the House on April
30, 2013, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1762 on May 16, 2013, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1762 was passed by the Senate, with
amendments, on May 15, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor