BILL ANALYSIS



C.S.S.B. 885
By: Brown (Brady/Smithee)
3-28-95
Committee Report (Substituted)


BACKGROUND

The 72nd Legislature enacted Section 3.075 of the Workers'
Compensation Act as a way to give professional athletes relief from
high workers' compensation premiums.  The statute requires
professional athletes to choose to receive benefits provided in
their contracts or receive the benefits provided by the workers'
compensation statute in the event of injury.  This prevents double
coverage while at the same time ensuring that athletes receive the
wage, medical, and rehabilitation benefits which they require.

PURPOSE

C.S.S.B. 885 incorporates personnel employed as athletes by a
franchise of the International Hockey League or the National Hockey
League to the definition of professional athlete.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1. Section 406.095(c) of the Labor Code. Defines a
"professional athlete" to include a person employed as a
professional athlete by a franchise of the International Hockey
League or the National Hockey League among the National Football
League, the National Basketball Association, American League of
Professional Baseball Clubs and the National League of Professional
Baseball Clubs.

     SECTION 2.  The effective date is September 1, 1995. This Act
only applies only to a claim for workers' compensation benefits
based on a compensable injury that occurs on or after that date. 
A claim based on a compensable injury that occurs before that date
is not governed by the law in effect and the former law is
continued in effect for that purpose.
           
     SECTION 3. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Under SECTION 1 of the Committee substitute to SB 885, the National
Hockey League is added to the definition of professional athlete.
In SECTION 2, the effective date is cited as September 1, 1995, in
addition to providing a grandfather clause. Finally the substitute
adds SECTION 3 which contains the Emergency Clause. 

SUMMARY OF COMMITTEE ACTION

Pursuant to the suspension of all necessary rules, S.B. 885 was
considered in a public hearing on March 28, 1995. Testifying in
favor of Senate Bill 885 was Tom Forbes, representing Houston Aeros
Hockey Team.  The Business and Industry Committee considered a
complete committee substitute to S.B. 885.  Without objection, the
completed committee substitute to S.B. 885 was adopted.  A motion
to report C.S.S.B. 885 to the full House with the recommendation
that it do pass and be printed was carried with a record vote of
nine (9) ayes, zero (0) nays, zero (0) present-not-voting, and zero
(0) absent.