| 1 | 1 | | 88R1921 SCL-D |
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| 2 | 2 | | By: Goodwin H.B. No. 27 |
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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 protection of employers from liability and certain |
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| 8 | 8 | | other penalties in connection with the provision of employee |
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| 9 | 9 | | benefits. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 142B to read as follows: |
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| 13 | 13 | | CHAPTER 142B. ACTIONS ARISING FROM PROVISION OF EMPLOYEE BENEFITS |
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| 14 | 14 | | Sec. 142B.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Employee" means a person who, for compensation, |
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| 16 | 16 | | performs services for an employer under a written or oral contract, |
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| 17 | 17 | | whether express or implied. |
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| 18 | 18 | | (2) "Employee benefit" means a benefit provided in |
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| 19 | 19 | | connection with employment other than wages. The term includes a |
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| 20 | 20 | | payment for the costs associated with receiving a health care |
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| 21 | 21 | | service in another state. |
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| 22 | 22 | | Sec. 142B.002. LIMITATION ON CERTAIN ACTIONS ARISING FROM |
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| 23 | 23 | | PROVISION OF EMPLOYEE BENEFITS. (a) Notwithstanding any other |
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| 24 | 24 | | law, a civil action may not be brought and a disciplinary action may |
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| 25 | 25 | | not be taken against an employer based solely on the employer's |
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| 26 | 26 | | choice to offer or provide a particular employee benefit. |
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| 27 | 27 | | (b) This section does not create a cause of action or expand |
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| 28 | 28 | | an existing cause of action. |
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| 29 | 29 | | SECTION 2. Section 142B.002, Civil Practice and Remedies |
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| 30 | 30 | | Code, as added by this Act, applies only to an employee benefit |
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| 31 | 31 | | provided on or after the effective date of this Act. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2023. |
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