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AN ACT
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relating to certain actions against an employer by an employee who |
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is not covered by workers' compensation insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (d), Section 406.033, Labor |
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Code, are amended to read as follows: |
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(a) In an action against an employer by or on behalf of an |
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employee who is not covered by [who does not have] workers' |
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compensation insurance obtained in the manner authorized by Section |
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406.003 [coverage] to recover damages for personal injuries or |
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death sustained by an employee in the course and scope of the |
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employment, it is not a defense that: |
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(1) the employee was guilty of contributory |
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negligence; |
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(2) the employee assumed the risk of injury or death; |
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or |
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(3) the injury or death was caused by the negligence of |
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a fellow employee. |
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(d) In an action described by Subsection (a) [against an
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employer who does not have workers' compensation insurance
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coverage], the plaintiff must prove negligence of the employer or |
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of an agent or servant of the employer acting within the general |
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scope of the agent's or servant's employment. |
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SECTION 2. Subsection (d), Section 406.034, Labor Code, is |
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amended to read as follows: |
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(d) An employee who elects to retain the right of action or a |
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legal beneficiary of that employee may bring a cause of action for |
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damages for injuries sustained in the course and scope of the |
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employment under common law or under a statute of this state. |
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Notwithstanding Section 406.033, the cause of action is subject to |
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all defenses available under common law and the statutes of this |
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state unless the employee has waived coverage in connection with an |
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agreement with the employer. |
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SECTION 3. (a) Sections 406.033 and 406.034, Labor Code, |
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as amended by this Act, do not apply to a cause of action by an |
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employee if: |
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(1) the employee is subject to a valid and enforceable |
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contract with the employee's employer relating to benefits for |
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occupational injury or death; and |
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(2) the employer, since January 1, 2011, has |
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continuously: |
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(A) had workers' compensation insurance |
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coverage; and |
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(B) offered its employees a program providing |
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benefits for occupational injury or death that is not governed by |
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Subtitle A, Title 5, Labor Code. |
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(b) Except as provided by Subsection (a) of this section, |
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Sections 406.033 and 406.034, Labor Code, as amended by this Act, |
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apply only to a cause of action that is filed on or after the |
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effective date of this Act. A cause of action that is filed before |
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that date is governed by the law in effect on the date the action is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1714 passed the Senate on |
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April 7, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 26, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1714 passed the House, with |
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amendments, on May 24, 2011, by the following vote: Yeas 145, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |