By: Moncrief S.B. No. 1139
A BILL TO BE ENTITLED
AN ACT
1-1 relating to eligibility of certain professional athletes for
1-2 workers' compensation benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.075, Texas Workers' Compensation Act
1-5 (Article 8308-3.075, Vernon's Texas Civil Statutes), is amended to
1-6 read as follows:
1-7 Sec. 3.075. Application to certain professional athletes.
1-8 (a) A person employed as a professional athlete by a franchise of
1-9 the National Football League, National Basketball Association,
1-10 American League of Professional Baseball Clubs, or the National
1-11 League of Professional Baseball Clubs under a contract for hire or
1-12 a collective bargaining agreement who is entitled to benefits for
1-13 medical care or <and> weekly benefits that are equal to or greater
1-14 than the benefits provided under this Act may not receive benefits
1-15 under this Act and the equivalent benefits under the contract or
1-16 collective bargaining agreement. An athlete covered by such a
1-17 contract or agreement <who sustains an injury in the course and
1-18 scope of the athlete's employment> must elect to receive either the
1-19 benefits available under this Act or the benefits under the
1-20 contract or agreement.
1-21 (b) An <The commission by rule shall establish the
1-22 procedures and requirements for an> election under this section
1-23 must be made not later than the 15th day after the date of the
1-24 execution of a contract for hire or the beginning of employment
2-1 pursuant to a collective bargaining agreement. If the election is
2-2 not made before that date, it is presumed that the athlete has
2-3 elected to receive benefits under the contract or agreement.
2-4 (c) Any income benefits paid to an athlete who has elected
2-5 to be paid the income benefits under this Act shall be offset by
2-6 the total amount of injury benefits or wages, including bonuses,
2-7 performance incentives, termination payments, or other payments for
2-8 services received under a contract or collective bargaining
2-9 agreement, payable during the period of the athlete's disability or
2-10 impairment by the employer under the athlete's contract for hire or
2-11 applicable collective bargaining agreement.
2-12 SECTION 2. This Act takes effect September 1, 1993, and
2-13 applies only to a claim for workers' compensation benefits that is
2-14 filed with the Texas Workers' Compensation Commission on or after
2-15 that date. A claim filed before that date is governed by the law
2-16 in effect on the date that the claim was filed, and the former law
2-17 is continued in effect for that purpose.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.