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