Texas 2015 - 84th Regular

Texas House Bill HB1390

Filed
 
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation.

Impact

The enactment of HB 1390 would facilitate a more accessible route for public employees to address grievances related to discrimination in the context of workers' compensation claims. By waiving governmental immunity, the bill prioritizes the rights of employees and acknowledges their need for protection against potential malpractice by their employers. The measures included in this bill stand to reinforce the legal implications of discrimination, thereby impacting practices within public employment and the handling of workers' compensation claims.

Summary

House Bill 1390 aims to amend the Labor Code to provide public employees with remedies when they face discrimination by public employers, particularly concerning workers' compensation claims. The bill introduces a provision to waive sovereign immunity for public employers, allowing public employees to sue either state or local governmental entities for damages arising from alleged violations. This significant shift in legal standing empowers employees and enables them to seek relief in cases of perceived discrimination within this specific framework.

Sentiment

The reception of HB 1390 appears to be largely favorable among supporters who view it as a necessary reform to protect public employees. Advocates argue that the bill addresses a critical gap in the current legal framework, ensuring that employees are afforded protections that align with their rights under workers' compensation laws. Nonetheless, there are apprehensions expressed regarding the implications of such waivers on government resources, with some detractors cautioning about potential abuses of the legal system, emphasizing the need for caution in the oversight of such claims.

Contention

Notable points of contention surrounding HB 1390 center on the balance between employee rights and governmental entity protections. Critics raise concerns over how the removal of sovereign immunity could potentially open the floodgates to litigation against public employers, impacting their operations and resource allocation. Additionally, there is ongoing debate about the limitations placed on damages, as the bill stipulates that exemplary damages cannot be recovered, which may lead to discussions about achieving equitable resolutions for employees who could be adversely affected by discriminatory practices.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2926

Relating to certain claims for benefits or compensation by certain public safety employees and survivors of certain public safety employees.

TX SB2471

Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.

TX HB2317

Relating to certain presumptions applicable to claims for benefits or compensation by public safety employees.

TX HB425

Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.

TX HB2315

Relating to certain presumptions applicable to claims for benefits for certain public safety employees.

TX SB302

Relating to employer civil liability for a vaccine requirement imposed on the employer's employees.

TX HB1309

Relating to suits against certain governmental employees.

TX HB893

Relating to requiring certain employers to provide paid sick leave to employees; providing administrative and civil penalties.

TX HB27

Relating to protection of employers from liability and certain other penalties in connection with the provision of employee benefits.

TX HB307

Relating to requiring certain employers to provide paid sick leave to employees; providing administrative penalties.

Similar Bills

No similar bills found.