| 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 waiver of immunity in certain employment discrimination |
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| 8 | 8 | | actions in connection with a workers' compensation claim. |
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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. Chapter 451, Labor Code, is amended by adding |
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| 11 | 11 | | Section 451.0025 to read as follows: |
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| 12 | 12 | | Sec. 451.0025. WAIVER OF IMMUNITY; PERMISSION FOR FIRST |
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| 13 | 13 | | RESPONDER TO SUE. (a) In this section, "first responder" has the |
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| 14 | 14 | | meaning assigned by Section 421.095, Government Code. |
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| 15 | 15 | | (b) A first responder who alleges a violation of Section |
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| 16 | 16 | | 451.001 by a state or local governmental entity that employs the |
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| 17 | 17 | | first responder may sue the governmental entity for the relief |
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| 18 | 18 | | provided by this chapter. Sovereign or governmental immunity from |
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| 19 | 19 | | suit is waived and abolished to the extent of liability created by |
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| 20 | 20 | | this chapter. |
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| 21 | 21 | | (c) To the extent a person has official or individual |
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| 22 | 22 | | immunity from a claim for damages, this section does not affect that |
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| 23 | 23 | | immunity. |
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| 24 | 24 | | SECTION 2. Section 504.002, Labor Code, is amended by |
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| 25 | 25 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | (a) The following provisions of Subtitles A and B apply to |
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| 28 | 28 | | and are included in this chapter except to the extent that they are |
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| 29 | 29 | | inconsistent with this chapter: |
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| 30 | 30 | | (1) Chapter 401, other than Section 401.011(18) |
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| 31 | 31 | | defining "employer" and Section 401.012 defining "employee"; |
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| 32 | 32 | | (2) Chapter 402; |
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| 33 | 33 | | (3) Chapter 403, other than Sections 403.001-403.005; |
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| 34 | 34 | | (4) Chapters 404 and 405; |
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| 35 | 35 | | (5) Sections 406.006-406.009 and Subchapters B and |
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| 36 | 36 | | D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035, |
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| 37 | 37 | | 406.091, and 406.096; |
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| 38 | 38 | | (6) Chapter 408, other than Sections 408.001(b) and |
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| 39 | 39 | | (c); |
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| 40 | 40 | | (7) Chapters 409-412; |
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| 41 | 41 | | (8) Chapter 413, except as provided by Section |
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| 42 | 42 | | 504.053; |
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| 43 | 43 | | (9) Chapters 414-417; and |
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| 44 | 44 | | (10) Chapter 451, subject to the limitations of |
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| 45 | 45 | | Subsection (a-1). |
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| 46 | 46 | | (a-1) The liability of a political subdivision under |
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| 47 | 47 | | Chapter 451 is limited to money damages in a maximum amount of |
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| 48 | 48 | | $100,000 for each person aggrieved by a violation of that chapter. |
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| 49 | 49 | | SECTION 3. The change in law made by this Act applies only |
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| 50 | 50 | | to a cause of action that accrues on or after the effective date of |
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| 51 | 51 | | this Act. A cause of action that accrues before the effective date |
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| 52 | 52 | | of this Act is governed by the law in effect on the date the cause of |
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| 53 | 53 | | action accrued, and the former law is continued in effect for that |
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| 54 | 54 | | purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2015. |
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