Bill Text: TX HB451 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 451 (Prior Session Legislation)

Bill Title: Relating to waiver of immunity in certain employment discrimination actions in connection with a workers' compensation claim.

Sponsorship: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB451 Detail]

Download: Texas-2017-HB451-Enrolled.html



	H.B. No. 451




	AN ACT
	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 and $300,000 for each single
	occurrence of a violation of that chapter. For purposes of this
	subsection, a single occurrence is considered to be a single
	employment policy or employment action that results in
	discrimination against or discharge of one or more employees
	concurrently.
	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, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 451 was passed by the House on April
	20, 2017, by the following vote: Yeas 142, Nays 2, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 451 was passed by the Senate on May
	24, 2017, by the following vote: Yeas 30, Nays 1.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor