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
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   2-23  Name:  Tom Forbes                                x
   2-24  Representing:  Tx Prof. Sports Coalition
   2-25  City:  Austin
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