| 1 | 1 | | By: Hinojosa S.B. No. 858 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to liability of certain political subdivisions in certain |
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| 7 | 7 | | workers' compensation actions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 504.053(e), Labor Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (e) Nothing in this chapter waives sovereign immunity or |
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| 12 | 12 | | creates a new cause of action, except that a political subdivision |
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| 13 | 13 | | that self-insures either individually or collectively is liable |
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| 14 | 14 | | for: |
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| 15 | 15 | | (1) sanctions, administrative penalties, and other remedies |
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| 16 | 16 | | authorized under Chapter 415; |
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| 17 | 17 | | (2) attorney's fees as provided by Section 408.221(c); and |
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| 18 | 18 | | (3) attorney's fees as provided by Section 417.003. |
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| 19 | 19 | | SECTION 2. Section 415.021, Labor Code, is amended by |
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| 20 | 20 | | adding Subsection (a-1) to read as follows: |
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| 21 | 21 | | (a-1) In addition to any sanctions, administrative penalty, |
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| 22 | 22 | | or other remedy authorized by this subtitle, the commissioner may |
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| 23 | 23 | | assess an administrative penalty against a political subdivision |
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| 24 | 24 | | that self-insures either individually or collectively that commits |
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| 25 | 25 | | an administrative violation in connection with a workers' |
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| 26 | 26 | | compensation claim filed by an individual elected, appointed, or |
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| 27 | 27 | | employed as a peace officer by the political subdivision under |
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| 28 | 28 | | Article 2.12, Code of Criminal Procedure, or other law, or an |
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| 29 | 29 | | individual who is employed by the political subdivision and is |
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| 30 | 30 | | subject to certification by the Texas Commission on Fire |
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| 31 | 31 | | Protection. The amount of the administrative penalty shall not be |
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| 32 | 32 | | less than two times the total amount of benefits payable in |
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| 33 | 33 | | connection with the employee's claim. |
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| 34 | 34 | | SECTION 3. Section 504.053, Labor Code, as amended by this |
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| 35 | 35 | | Act, and Section 415.021, Labor Code, as amended by this Act, apply |
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| 36 | 36 | | only to an administrative violation under Chapter 415, Labor Code, |
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| 37 | 37 | | that occurs on or after the effective date of this Act. An |
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| 38 | 38 | | administrative violation that occurs before the effective date of |
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| 39 | 39 | | this Act is governed by the law applicable to the violation |
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| 40 | 40 | | immediately before the effective date of this Act, and that law is |
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| 41 | 41 | | continued in effect for that purpose. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2019. |
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