By: Burrows H.B. No. 1521
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain political subdivisions in certain
workers' compensation actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, except that a political subdivision
that self-insures either individually or collectively is liable
for:
(1) sanctions, administrative penalties, and other
remedies authorized under Chapter 415;
(2) attorney's fees as provided by Section 408.221(c);
and
(3) attorney's fees as provided by Section 417.003.
SECTION 2. Section 415.021, Labor Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In addition to any sanctions, administrative penalty,
or other remedy authorized by this subtitle, the commissioner may
assess an administrative penalty against a political subdivision
that self-insures either individually or collectively that commits
an administrative violation in connection with a workers'
compensation claim filed by an individual elected, appointed, or
employed as a peace officer by the political subdivision under
Article 2.12, Code of Criminal Procedure, or other law, or an
individual who is employed by the political subdivision and is
subject to certification by the Texas Commission on Fire
Protection. The amount of the administrative penalty shall not be
less than two times the total amount of benefits payable in
connection with the employee's claim.
SECTION 3. Section 504.053, Labor Code, as amended by this
Act, and Section 415.021, Labor Code, as amended by this Act, apply
only to an administrative violation under Chapter 415, Labor Code,
that occurs on or after the effective date of this Act. An
administrative violation 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, 2019.