Bill Text: TX HB1424 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to waiver of immunity in certain employment discrimination actions in connection with a workers' compensation claim.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-23 - Committee report sent to Calendars [HB1424 Detail]
Download: Texas-2013-HB1424-Comm_Sub.html
83R19894 JSC-F | |||
By: Moody | H.B. No. 1424 | ||
Substitute the following for H.B. No. 1424: | |||
By: Bohac | C.S.H.B. No. 1424 |
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relating to waiver of immunity in certain employment discrimination | ||
actions in connection with a workers' compensation claim. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 451, Labor Code, is amended by adding | ||
Section 451.0025 to read as follows: | ||
Sec. 451.0025. WAIVER OF IMMUNITY; PERMISSION FOR FIRST | ||
RESPONDER TO SUE. (a) In this section, "first responder" has the | ||
meaning assigned by Section 421.095, Government Code. | ||
(b) A first responder who alleges a violation of Section | ||
451.001 by a state or local governmental entity that employs the | ||
first responder may sue the governmental entity for the relief | ||
provided by this chapter. Sovereign or governmental immunity from | ||
suit is waived and abolished to the extent of liability created by | ||
this chapter. | ||
(c) To the extent a person has official or individual | ||
immunity from a claim for damages, this section does not affect that | ||
immunity. | ||
SECTION 2. Section 504.002, Labor Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The following provisions of Subtitles A and B apply to | ||
and are included in this chapter except to the extent that they are | ||
inconsistent with this chapter: | ||
(1) Chapter 401, other than Section 401.011(18) | ||
defining "employer" and Section 401.012 defining "employee"; | ||
(2) Chapter 402; | ||
(3) Chapter 403, other than Sections 403.001-403.005; | ||
(4) Chapters 404 and 405; | ||
(5) Sections 406.006-406.009 and Subchapters B and | ||
D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035, | ||
406.091, and 406.096; | ||
(6) Chapter 408, other than Sections 408.001(b) and | ||
(c); | ||
(7) Chapters 409-412; | ||
(8) Chapter 413, except as provided by Section | ||
504.053; | ||
(9) Chapters 414-417; and | ||
(10) Chapter 451, subject to the limitations of | ||
Subsection (a-1). | ||
(a-1) The liability of a political subdivision under | ||
Chapter 451 is limited to money damages in a maximum amount of | ||
$100,000 for each person aggrieved by a violation of that chapter. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law in effect on the date the cause of | ||
action accrued, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |