Bill Text: TX HB1521 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to liability of certain political subdivisions in certain workers' compensation actions.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB1521 Detail]
Download: Texas-2019-HB1521-Introduced.html
| By: Burrows | H.B. No. 1521 | |
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| relating to liability of certain political subdivisions in certain | ||
| workers' compensation actions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 504.053(e), Labor Code, is amended to | ||
| read as follows: | ||
| (e) Nothing in this chapter waives sovereign immunity or | ||
| creates a new cause of action, except that a political subdivision | ||
| that self-insures either individually or collectively is liable | ||
| for: | ||
| (1) sanctions, administrative penalties, and other | ||
| remedies authorized under Chapter 415; | ||
| (2) attorney's fees as provided by Section 408.221(c); | ||
| and | ||
| (3) attorney's fees as provided by Section 417.003. | ||
| SECTION 2. Section 415.021, Labor Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) In addition to any sanctions, administrative penalty, | ||
| or other remedy authorized by this subtitle, the commissioner may | ||
| assess an administrative penalty against a political subdivision | ||
| that self-insures either individually or collectively that commits | ||
| an administrative violation in connection with a workers' | ||
| compensation claim filed by an individual elected, appointed, or | ||
| employed as a peace officer by the political subdivision under | ||
| Article 2.12, Code of Criminal Procedure, or other law, or an | ||
| individual who is employed by the political subdivision and is | ||
| subject to certification by the Texas Commission on Fire | ||
| Protection. The amount of the administrative penalty shall not be | ||
| less than two times the total amount of benefits payable in | ||
| connection with the employee's claim. | ||
| SECTION 3. Section 504.053, Labor Code, as amended by this | ||
| Act, and Section 415.021, Labor Code, as amended by this Act, apply | ||
| only to an administrative violation under Chapter 415, Labor Code, | ||
| that occurs on or after the effective date of this Act. An | ||
| administrative violation that occurs before the effective date of | ||
| this Act is governed by the law applicable to the violation | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
