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.