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.