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Amend CSSB 5, in Article 3 of the bill, by adding the
following appropriately numbered SECTION and renumbering the
SECTIONS of the article appropriately:
SECTION 3.__. (a) Section 406.033, Labor Code, is amended
by adding Subsection (f) to read as follows:
(f) A cause of action described in Subsection (a) may not be
waived by an employee after the employee's injury or death unless
the waiver:
1. is knowing and voluntary;
2. is entered into no less than ten (10) business days
after the initial report of injury, provided that the employee
prior to the signing of the waiver has received a medical evaluation
from a non-emergency care doctor; and,
3. is in writing so that the true intent of the parties
is specifically stated in the four corners of the document. The
waiver provisions must be conspicuous and appear on the face of the
agreement. To be conspicuous, the waiver provisions must appear in
type larger than the type contained in the body of the agreement or
in contrasting colors.