| 1 | 1 | | 87R11941 JSC-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 4038 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for lifetime income benefits under the |
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| 8 | 8 | | workers' compensation system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 408.161(a), Labor Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Lifetime income benefits are paid until the death of the |
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| 13 | 13 | | employee for: |
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| 14 | 14 | | (1) total and permanent loss of sight in both eyes; |
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| 15 | 15 | | (2) loss of both feet at or above the ankle; |
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| 16 | 16 | | (3) loss of both hands at or above the wrist; |
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| 17 | 17 | | (4) loss of one foot at or above the ankle and the loss |
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| 18 | 18 | | of one hand at or above the wrist; |
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| 19 | 19 | | (5) an injury to the spine that results in permanent |
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| 20 | 20 | | and complete paralysis of both arms, both legs, or one arm and one |
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| 21 | 21 | | leg; |
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| 22 | 22 | | (6) a physically traumatic injury to the brain |
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| 23 | 23 | | resulting in the person having an incurable mental illness or |
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| 24 | 24 | | intellectual disability [insanity or imbecility]; [or] |
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| 25 | 25 | | (7) third degree burns that cover at least 40 percent |
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| 26 | 26 | | of the body and require grafting, or third degree burns covering the |
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| 27 | 27 | | majority of either both hands or one hand and the face; or |
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| 28 | 28 | | (8) adhesive arachnoiditis. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to a claim for lifetime income benefits based on a compensable |
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| 31 | 31 | | injury that occurs on or after the effective date of this Act. A |
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| 32 | 32 | | claim based on a compensable injury that occurs before the |
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| 33 | 33 | | effective date of this Act is governed by the law in effect on the |
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| 34 | 34 | | date the compensable injury occurred, and the former law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
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