Bill Text: TX SB858 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to liability of certain political subdivisions in certain workers' compensation actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Business & Commerce [SB858 Detail]
Download: Texas-2019-SB858-Introduced.html
By: Hinojosa | S.B. No. 858 | |
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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. |