1-1 By: Moncrief S.B. No. 1139
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 15, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 15, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1139 By: Leedom
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to eligibility of certain professional athletes for
1-24 workers' compensation benefits.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 3.075, Texas Workers' Compensation Act
1-27 (Article 8308-3.075, Vernon's Texas Civil Statutes), is amended to
1-28 read as follows:
1-29 Sec. 3.075. Application to certain professional athletes.
1-30 (a) A person employed as a professional athlete by a franchise of
1-31 the National Football League, National Basketball Association,
1-32 American League of Professional Baseball Clubs, or the National
1-33 League of Professional Baseball Clubs under a contract for hire or
1-34 a collective bargaining agreement who is entitled to benefits for
1-35 medical care or <and> weekly benefits that are equal to or greater
1-36 than the benefits provided under this Act may not receive benefits
1-37 under this Act and the equivalent benefits under the contract or
1-38 collective bargaining agreement. An athlete covered by such a
1-39 contract or agreement <who sustains an injury in the course and
1-40 scope of the athlete's employment> must elect to receive either the
1-41 benefits available under this Act or the benefits under the
1-42 contract or agreement.
1-43 (b) An <The commission by rule shall establish the
1-44 procedures and requirements for an> election under this section
1-45 must be made not later than the 15th day after the date of the
1-46 execution of a contract for hire or the beginning of employment
1-47 pursuant to a collective bargaining agreement. If the election is
1-48 not made before that date, it is presumed that the athlete has
1-49 elected to receive benefits under the contract or agreement.
1-50 (c) Any income benefits paid to an athlete who has elected
1-51 to be paid the income benefits under this Act shall be offset by
1-52 the total amount of injury benefits or wages, including bonuses,
1-53 performance incentives, termination payments, or other payments for
1-54 services received under a contract or collective bargaining
1-55 agreement, payable during the period of the athlete's disability or
1-56 impairment by the employer under the athlete's contract for hire or
1-57 applicable collective bargaining agreement.
1-58 SECTION 2. This Act takes effect September 1, 1993, and
1-59 applies only to a claim for workers' compensation benefits that is
1-60 filed with the Texas Workers' Compensation Commission on or after
1-61 that date. A claim filed before that date is governed by the law
1-62 in effect on the date that the claim was filed, and the former law
1-63 is continued in effect for that purpose.
1-64 SECTION 3. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 April 15, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on Economic Development to which was referred
2-9 S.B. No. 1139, have had the same under consideration, and I am
2-10 instructed to report it back to the Senate with the recommendation
2-11 that it do not pass, but that the Committee Substitute adopted in
2-12 lieu thereof do pass and be printed.
2-13 Parker,
2-14 Chairman
2-15 * * * * *
2-16 WITNESSES
2-17 FOR AGAINST ON
2-18 ___________________________________________________________________
2-19 Name: Steve Underwood x
2-20 Representing: Houston Oilers, Inc.
2-21 City: Rosharon
2-22 -------------------------------------------------------------------
2-23 Name: Tom Forbes x
2-24 Representing: Tx Prof. Sports Coalition
2-25 City: Austin
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