Texas 2017 - 85th Regular

Texas House Bill HB451 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Moody, et al. (Senate Sponsor - Creighton) H.B. No. 451
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 2, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 451
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to waiver of immunity in certain employment discrimination
12	6		actions in connection with a workers' compensation claim.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 451, Labor Code, is amended by adding
15	9		Section 451.0025 to read as follows:
16	10		Sec. 451.0025. WAIVER OF IMMUNITY; PERMISSION FOR FIRST
17	11		RESPONDER TO SUE. (a) In this section, "first responder" has the
18	12		meaning assigned by Section 421.095, Government Code.
19	13		(b) A first responder who alleges a violation of Section
20	14		451.001 by a state or local governmental entity that employs the
21	15		first responder may sue the governmental entity for the relief
22	16		provided by this chapter. Sovereign or governmental immunity from
23	17		suit is waived and abolished to the extent of liability created by
24	18		this chapter.
25	19		(c) To the extent a person has official or individual
26	20		immunity from a claim for damages, this section does not affect that
27	21		immunity.
28	22		SECTION 2. Section 504.002, Labor Code, is amended by
29	23		amending Subsection (a) and adding Subsection (a-1) to read as
30	24		follows:
31	25		(a) The following provisions of Subtitles A and B apply to
32	26		and are included in this chapter except to the extent that they are
33	27		inconsistent with this chapter:
34	28		(1) Chapter 401, other than Section 401.011(18)
35	29		defining "employer" and Section 401.012 defining "employee";
36	30		(2) Chapter 402;
37	31		(3) Chapter 403, other than Sections 403.001-403.005;
38	32		(4) Chapters 404 and 405;
39	33		(5) Sections 406.006-406.009 and Subchapters B and
40	34		D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035,
41	35		406.091, and 406.096;
42	36		(6) Chapter 408, other than Sections 408.001(b) and
43	37		(c);
44	38		(7) Chapters 409-412;
45	39		(8) Chapter 413, except as provided by Section
46	40		504.053;
47	41		(9) Chapters 414-417; and
48	42		(10) Chapter 451, subject to the limitations of
49	43		Subsection (a-1).
50	44		(a-1) The liability of a political subdivision under
51	45		Chapter 451 is limited to money damages in a maximum amount of
52	46		$100,000 for each person aggrieved by and $300,000 for each single
53	47		occurrence of a violation of that chapter. For purposes of this
54	48		subsection, a single occurrence is considered to be a single
55	49		employment policy or employment action that results in
56	50		discrimination against or discharge of one or more employees
57	51		concurrently.
58	52		SECTION 3. The change in law made by this Act applies only
59	53		to a cause of action that accrues on or after the effective date of
60	54		this Act. A cause of action that accrues before the effective date
61	55		of this Act is governed by the law in effect on the date the cause of
62	56		action accrued, and the former law is continued in effect for that
63	57		purpose.
64	58		SECTION 4. This Act takes effect September 1, 2017.
65		-	* * * * *
	59	+	______________________________ ______________________________
	60	+	President of the Senate Speaker of the House
	61	+	I certify that H.B. No. 451 was passed by the House on April
	62	+	20, 2017, by the following vote: Yeas 142, Nays 2, 2 present, not
	63	+	voting.
	64	+	______________________________
	65	+	Chief Clerk of the House
	66	+	I certify that H.B. No. 451 was passed by the Senate on May
	67	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	68	+	______________________________
	69	+	Secretary of the Senate
	70	+	APPROVED: _____________________
	71	+	Date
	72	+	_____________________
	73	+	Governor