Bill Text: TX SB1714 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Duncan | S.B. No. 1714 |
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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 [ |
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compensation insurance obtained in the manner authorized by Section | ||
406.003 [ |
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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) against an | ||
employer by or on behalf of an employee who is not covered by [ |
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manner authorized by Section 406.003 [ |
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prove negligence of the employer or of an agent or servant of the | ||
employer acting within the general scope of the agent's or servant's | ||
employment. | ||
SECTION 2. 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 accrued 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 3. This Act takes effect September 1, 2011. |