Bill Text: TX SB1714 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to certain actions against an employer by an employee who is not covered by workers' compensation insurance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1714 Detail]
Download: Texas-2011-SB1714-Enrolled.html
S.B. No. 1714 |
|
||
relating to certain actions against an employer by an employee who | ||
is not covered by workers' compensation insurance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (a) and (d), Section 406.033, Labor | ||
Code, are amended to read as follows: | ||
(a) In an action against an employer by or on behalf of an | ||
employee who is not covered by [ |
||
compensation insurance obtained in the manner authorized by Section | ||
406.003 [ |
||
death sustained by an employee in the course and scope of the | ||
employment, it is not a defense that: | ||
(1) the employee was guilty of contributory | ||
negligence; | ||
(2) the employee assumed the risk of injury or death; | ||
or | ||
(3) the injury or death was caused by the negligence of | ||
a fellow employee. | ||
(d) In an action described by Subsection (a) [ |
||
|
||
|
||
of an agent or servant of the employer acting within the general | ||
scope of the agent's or servant's employment. | ||
SECTION 2. Subsection (d), Section 406.034, Labor Code, is | ||
amended to read as follows: | ||
(d) An employee who elects to retain the right of action or a | ||
legal beneficiary of that employee may bring a cause of action for | ||
damages for injuries sustained in the course and scope of the | ||
employment under common law or under a statute of this state. | ||
Notwithstanding Section 406.033, the cause of action is subject to | ||
all defenses available under common law and the statutes of this | ||
state unless the employee has waived coverage in connection with an | ||
agreement with the employer. | ||
SECTION 3. (a) Sections 406.033 and 406.034, Labor Code, | ||
as amended by this Act, do not apply to a cause of action by an | ||
employee if: | ||
(1) the employee is subject to a valid and enforceable | ||
contract with the employee's employer relating to benefits for | ||
occupational injury or death; and | ||
(2) the employer, since January 1, 2011, has | ||
continuously: | ||
(A) had workers' compensation insurance | ||
coverage; and | ||
(B) offered its employees a program providing | ||
benefits for occupational injury or death that is not governed by | ||
Subtitle A, Title 5, Labor Code. | ||
(b) Except as provided by Subsection (a) of this section, | ||
Sections 406.033 and 406.034, Labor Code, as amended by this Act, | ||
apply only to a cause of action that is filed on or after the | ||
effective date of this Act. A cause of action that is filed before | ||
that date is governed by the law in effect on the date the action is | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1714 passed the Senate on | ||
April 7, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 26, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1714 passed the House, with | ||
amendments, on May 24, 2011, by the following vote: Yeas 145, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |