3 | 2 | | |
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4 | 3 | | |
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5 | 4 | | A BILL TO BE ENTITLED |
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6 | 5 | | AN ACT |
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7 | 6 | | relating to liability of certain governmental entities in certain |
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8 | 7 | | workers' compensation actions. |
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9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 9 | | SECTION 1. Section 101.028, Civil Practice and Remedies |
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11 | 10 | | Code, is amended to read as follows: |
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12 | 11 | | Sec. 101.028. WORKERS' COMPENSATION INSURANCE. (a) In |
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13 | 12 | | this section, "political subdivision" has the meaning assigned by |
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14 | 13 | | Section 504.001, Labor Code. |
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15 | 14 | | (b) A governmental unit that has workers' compensation |
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16 | 15 | | insurance or that accepts the workers' compensation laws of this |
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17 | 16 | | state is entitled to the privileges and immunities granted by the |
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18 | 17 | | workers' compensation laws of this state to private individuals and |
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19 | 18 | | corporations. |
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20 | 19 | | (c) A political subdivision that self-insures either |
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24 | 24 | | SECTION 2. Section 504.053(e), Labor Code, is amended to |
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25 | 25 | | read as follows: |
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26 | 26 | | (e) Nothing in this chapter waives sovereign immunity or |
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27 | 27 | | creates a new cause of action beyond the actions, damages, and |
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28 | 28 | | remedies authorized by Chapter 101, Civil Practice and Remedies |
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29 | 29 | | Code. |
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30 | 30 | | SECTION 3. Section 101.028, Civil Practice and Remedies |
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31 | 31 | | Code, as amended by this Act, applies only to an administrative |
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32 | 32 | | violation under Chapter 415, Labor Code, that occurs on or after the |
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33 | 33 | | effective date of this Act. An administrative violation under |
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34 | 34 | | Chapter 415, Labor Code, that occurs before the effective date of |
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35 | 35 | | this Act is governed by the law applicable to the violation |
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36 | 36 | | immediately before the effective date of this Act, and that law is |
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37 | 37 | | continued in effect for that purpose. |
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38 | 38 | | SECTION 4. This Act takes effect immediately if it receives |
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39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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42 | 42 | | Act takes effect September 1, 2017. |
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