Texas 2017 - 85th Regular

Texas House Bill HB1689 Compare Versions

OldNewDifferences
1-85R7470 LED-F
2- By: Burrows, Oliveira H.B. No. 1689
1+By: Burrows, Oliveira, Frullo H.B. No. 1689
32
43
54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to liability of certain governmental entities in certain
87 workers' compensation actions.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
109 SECTION 1. Section 101.028, Civil Practice and Remedies
1110 Code, is amended to read as follows:
1211 Sec. 101.028. WORKERS' COMPENSATION INSURANCE. (a) In
1312 this section, "political subdivision" has the meaning assigned by
1413 Section 504.001, Labor Code.
1514 (b) A governmental unit that has workers' compensation
1615 insurance or that accepts the workers' compensation laws of this
1716 state is entitled to the privileges and immunities granted by the
1817 workers' compensation laws of this state to private individuals and
1918 corporations.
2019 (c) A political subdivision that self-insures either
21- individually or collectively and the State Office of Risk
22- Management are liable for sanctions, administrative penalties, and
23- other remedies authorized under Chapter 415, Labor Code.
20+ individually or collectively is
21+ liable for sanctions,
22+ administrative penalties, and other remedies authorized under
23+ Chapter 415, Labor Code.
2424 SECTION 2. Section 504.053(e), Labor Code, is amended to
2525 read as follows:
2626 (e) Nothing in this chapter waives sovereign immunity or
2727 creates a new cause of action beyond the actions, damages, and
2828 remedies authorized by Chapter 101, Civil Practice and Remedies
2929 Code.
3030 SECTION 3. Section 101.028, Civil Practice and Remedies
3131 Code, as amended by this Act, applies only to an administrative
3232 violation under Chapter 415, Labor Code, that occurs on or after the
3333 effective date of this Act. An administrative violation under
3434 Chapter 415, Labor Code, that occurs before the effective date of
3535 this Act is governed by the law applicable to the violation
3636 immediately before the effective date of this Act, and that law is
3737 continued in effect for that purpose.
3838 SECTION 4. This Act takes effect immediately if it receives
3939 a vote of two-thirds of all the members elected to each house, as
4040 provided by Section 39, Article III, Texas Constitution. If this
4141 Act does not receive the vote necessary for immediate effect, this
4242 Act takes effect September 1, 2017.