By: Moody, et al. (Senate Sponsor - Creighton) H.B. No. 451
(In the Senate - Received from the House April 24, 2017;
May 2, 2017, read first time and referred to Committee on Business &
Commerce; May 21, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to waiver of immunity in certain employment discrimination
actions in connection with a workers' compensation claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 451, Labor Code, is amended by adding
Section 451.0025 to read as follows:
Sec. 451.0025. WAIVER OF IMMUNITY; PERMISSION FOR FIRST
RESPONDER TO SUE. (a) In this section, "first responder" has the
meaning assigned by Section 421.095, Government Code.
(b) A first responder who alleges a violation of Section
451.001 by a state or local governmental entity that employs the
first responder may sue the governmental entity for the relief
provided by this chapter. Sovereign or governmental immunity from
suit is waived and abolished to the extent of liability created by
this chapter.
(c) To the extent a person has official or individual
immunity from a claim for damages, this section does not affect that
immunity.
SECTION 2. Section 504.002, Labor Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The following provisions of Subtitles A and B apply to
and are included in this chapter except to the extent that they are
inconsistent with this chapter:
(1) Chapter 401, other than Section 401.011(18)
defining "employer" and Section 401.012 defining "employee";
(2) Chapter 402;
(3) Chapter 403, other than Sections 403.001-403.005;
(4) Chapters 404 and 405;
(5) Sections 406.006-406.009 and Subchapters B and
D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035,
406.091, and 406.096;
(6) Chapter 408, other than Sections 408.001(b) and
(c);
(7) Chapters 409-412;
(8) Chapter 413, except as provided by Section
504.053;
(9) Chapters 414-417; and
(10) Chapter 451, subject to the limitations of
Subsection (a-1).
(a-1) The liability of a political subdivision under
Chapter 451 is limited to money damages in a maximum amount of
$100,000 for each person aggrieved by and $300,000 for each single
occurrence of a violation of that chapter. For purposes of this
subsection, a single occurrence is considered to be a single
employment policy or employment action that results in
discrimination against or discharge of one or more employees
concurrently.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect on the date the cause of
action accrued, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2017.
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