| 1 | 1 | | 85R1157 LED-F |
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| 2 | 2 | | By: Collier H.B. No. 381 |
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| 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 sovereign and governmental liability for workers' |
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| 8 | 8 | | compensation benefits and related relief. |
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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. Section 101.028, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 101.028. WORKERS' COMPENSATION [INSURANCE]. (a) With |
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| 13 | 13 | | respect to a cause of action that is cognizable as a claim against a |
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| 14 | 14 | | [A] governmental unit under Subtitle C, Title 5, Labor Code, the |
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| 15 | 15 | | governmental unit [that has workers' compensation insurance or that |
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| 16 | 16 | | accepts the workers' compensation laws of this state] is entitled |
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| 17 | 17 | | to the privileges and immunities granted to the governmental unit |
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| 18 | 18 | | under Subtitle C, Title 5, Labor Code, including any provision of |
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| 19 | 19 | | [by] the workers' compensation laws of this state incorporated into |
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| 20 | 20 | | a portion of that subtitle applicable to the governmental unit [to |
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| 21 | 21 | | private individuals and corporations]. |
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| 22 | 22 | | (b) Subject to the limitations on liability provided by |
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| 23 | 23 | | Sections 101.023 and 101.024, a governmental unit is liable for |
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| 24 | 24 | | workers' compensation benefits and any other relief, including |
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| 25 | 25 | | awards, damages, penalties, cost-shifting or fee-shifting awards, |
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| 26 | 26 | | and equitable relief, provided for by the provisions of Subtitle C, |
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| 27 | 27 | | Title 5, Labor Code, applicable to the governmental unit, including |
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| 28 | 28 | | any provision of the workers' compensation laws of this state |
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| 29 | 29 | | incorporated into a portion of that subtitle applicable to the |
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| 30 | 30 | | governmental unit. |
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| 31 | 31 | | (c) Notwithstanding Section 101.025, sovereign or |
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| 32 | 32 | | governmental immunity from suit for liability provided by this |
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| 33 | 33 | | section is waived only to the extent suit is authorized by Subtitle |
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| 34 | 34 | | C, Title 5, Labor Code, or a provision of the workers' compensation |
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| 35 | 35 | | laws of this state incorporated into that subtitle. |
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| 36 | 36 | | (d) Nothing in this chapter, including the exclusions from |
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| 37 | 37 | | and exceptions to this chapter provided by Subchapter C, limits the |
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| 38 | 38 | | applicability of this section or Subtitle C, Title 5, Labor Code, to |
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| 39 | 39 | | a governmental unit or an injury. |
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| 40 | 40 | | (e) Subchapter D does not apply to a claim to which this |
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| 41 | 41 | | section applies. |
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| 42 | 42 | | SECTION 2. Section 504.053(e), Labor Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (e) Nothing in this section [chapter] waives sovereign |
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| 45 | 45 | | immunity or creates a new cause of action. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 47 | 47 | | to an injury that occurs on or after the effective date of this Act. |
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| 48 | 48 | | An injury that occurs before the effective date of this Act is |
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| 49 | 49 | | governed by the law applicable to the injury immediately before the |
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| 50 | 50 | | effective date of this Act, and that law is continued in effect for |
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| 51 | 51 | | that purpose. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2017. |
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