85R1157 LED-F
By: Collier H.B. No. 381
A BILL TO BE ENTITLED
AN ACT
relating to sovereign and governmental liability for workers'
compensation benefits and related relief.
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) With
respect to a cause of action that is cognizable as a claim against a
[A] governmental unit under Subtitle C, Title 5, Labor Code, the
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 to the governmental unit
under Subtitle C, Title 5, Labor Code, including any provision of
[by] the workers' compensation laws of this state incorporated into
a portion of that subtitle applicable to the governmental unit [to
private individuals and corporations].
(b) Subject to the limitations on liability provided by
Sections 101.023 and 101.024, a governmental unit is liable for
workers' compensation benefits and any other relief, including
awards, damages, penalties, cost-shifting or fee-shifting awards,
and equitable relief, provided for by the provisions of Subtitle C,
Title 5, Labor Code, applicable to the governmental unit, including
any provision of the workers' compensation laws of this state
incorporated into a portion of that subtitle applicable to the
governmental unit.
(c) Notwithstanding Section 101.025, sovereign or
governmental immunity from suit for liability provided by this
section is waived only to the extent suit is authorized by Subtitle
C, Title 5, Labor Code, or a provision of the workers' compensation
laws of this state incorporated into that subtitle.
(d) Nothing in this chapter, including the exclusions from
and exceptions to this chapter provided by Subchapter C, limits the
applicability of this section or Subtitle C, Title 5, Labor Code, to
a governmental unit or an injury.
(e) Subchapter D does not apply to a claim to which this
section applies.
SECTION 2. Section 504.053(e), Labor Code, is amended to
read as follows:
(e) Nothing in this section [chapter] waives sovereign
immunity or creates a new cause of action.
SECTION 3. The change in law made by this Act applies only
to an injury that occurs on or after the effective date of this Act.
An injury that occurs before the effective date of this Act is
governed by the law applicable to the injury 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.