By: Cain H.B. No. 1083
73R4330 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility of certain professional athletes for
1-3 workers' compensation benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.075, Texas Workers' Compensation Act
1-6 (Article 8308-3.075, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 Sec. 3.075. Application to certain professional athletes.
1-9 (a) A person employed as a professional athlete by a franchise of
1-10 the National Football League, National Basketball Association,
1-11 American League of Professional Baseball Clubs, or the National
1-12 League of Professional Baseball Clubs under a contract for hire or
1-13 a collective bargaining agreement who is entitled to benefits for
1-14 medical care and weekly benefits that are equal to or greater than
1-15 the benefits provided under this Act may not receive benefits under
1-16 this Act and the equivalent benefits under the contract or
1-17 collective bargaining agreement. An athlete covered by such a
1-18 contract or agreement <who sustains an injury in the course and
1-19 scope of the athlete's employment> must elect to receive either the
1-20 benefits available under this Act or the benefits under the
1-21 contract or agreement.
1-22 (b) An <The commission by rule shall establish the
1-23 procedures and requirements for an> election under this section
1-24 must be made not later than the 15th day after the date of the
2-1 execution of a contract for hire or the beginning of employment
2-2 pursuant to a collective bargaining agreement. If the election is
2-3 not made before that date, it is presumed that the athlete has
2-4 elected benefits under the contract or agreement.
2-5 (c) Any income benefits paid to an athlete who has elected
2-6 to be paid the income benefits under this Act shall be offset by
2-7 the total amount of injury benefits or wages, including bonuses,
2-8 performance incentives, termination payments, or other payments for
2-9 services received under a contract or collective bargaining
2-10 agreement, payable during the period of the athlete's disability or
2-11 impairment by the employer under the athlete's contract for hire or
2-12 applicable collective bargaining agreement.
2-13 (d) Medical care available to a professional athlete under a
2-14 contract or agreement is equal to or greater than the medical
2-15 benefits provided under this Act if:
2-16 (1) the contract or agreement provides that the
2-17 athlete is entitled to all health care reasonably required by the
2-18 nature of the work-related injury as and when needed, including all
2-19 health care that:
2-20 (A) cures or relieves the effects naturally
2-21 resulting from the work-related injury;
2-22 (B) promotes recovery; or
2-23 (C) enhances the ability of the employee to
2-24 return to or retain employment; and
2-25 (2) the employer's liability for health care is not
2-26 limited or terminated in any way by the contract or collective
2-27 bargaining agreement.
3-1 (e) For a professional athlete who elects to receive
3-2 benefits under this Act and who is not eligible for lifetime income
3-3 benefits or whose legal beneficiaries are not eligible for death
3-4 benefits under this Act, income benefits available to the athlete
3-5 under a contract or agreement are equal to or greater than the
3-6 income benefits provided under this Act if the total amount of the
3-7 payments provided by the contract or agreement and made to the
3-8 athlete is equal to or greater than the maximum weekly benefit
3-9 available under this Act multiplied by 401.
3-10 (f) For a professional athlete who elects to receive
3-11 benefits under this Act and who is entitled to lifetime income
3-12 benefits under this Act, income benefits available to the athlete
3-13 under a contract or agreement are equal to or greater than the
3-14 income benefits provided under this Act if the total amount of the
3-15 payments provided by the contract or agreement is equal to or
3-16 greater than the benefit available under Section 4.31 of this Act.
3-17 (g) For a professional athlete who elects to receive
3-18 benefits under this Act and whose legal beneficiaries are entitled
3-19 to death benefits under this Act, benefits available to the legal
3-20 beneficiaries of a professional athlete under a contract or
3-21 agreement are equal to or greater than the death benefits provided
3-22 under this Act if the total amount of the payments provided by the
3-23 contract or agreement is equal to or greater than the benefits
3-24 available under Section 4.41 of this Act.
3-25 SECTION 2. This Act takes effect September 1, 1993, and
3-26 applies only to a claim for workers' compensation benefits that is
3-27 filed with the Texas Workers' Compensation Commission on or after
4-1 that date. A claim filed before that date is governed by the law
4-2 in effect on the date that the claim was filed, and the former law
4-3 is continued in effect for that purpose.
4-4 SECTION 3. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.