By Johnson, Junell, Hunter of Nueces                  H.B. No. 1009
       74R3999 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discrimination against an employee based on a claim for
    1-3  workers' compensation benefits and to remedies in an action
    1-4  alleging that discrimination.
    1-6        SECTION 1.  Section 451.001, Labor Code, is amended to read
    1-7  as follows:
    1-9  A person may not discharge <or in any other manner discriminate
   1-10  against> an employee because the employee has:
   1-11              (1)  filed a workers' compensation claim in good faith;
   1-12              (2)  hired a lawyer to represent the employee in a
   1-13  claim;
   1-14              (3)  instituted or caused to be instituted in good
   1-15  faith a proceeding under Subtitle A; or
   1-16              (4)  testified or is about to testify in a proceeding
   1-17  under Subtitle A.
   1-18        SECTION 2.  Section 451.002, Labor Code, is amended by
   1-19  amending Subsections (a) and (c) and by adding Subsection (d) to
   1-20  read as follows:
   1-21        (a)  A person who violates Section 451.001 is liable only for
   1-22  economic <reasonable> damages incurred by the employee as a result
   1-23  of the violation.
   1-24        (c)  The burden of proof in a proceeding under this section
    2-1  is on the employee to establish that an action of the employee
    2-2  protected under Section 451.001 was the substantial cause of the
    2-3  employee's discharge from the position of employment.
    2-4        (d)  For purposes of this section, "economic damages" means
    2-5  damages for pecuniary loss, including damages for loss of or damage
    2-6  to property and damages for lost wages, loss of earning capacity,
    2-7  expenses for medical care, and burial expenses.  The term does not
    2-8  include damages for pain and suffering, mental anguish, loss
    2-9  associated with disfigurement, or loss of companionship or
   2-10  consortium.
   2-11        SECTION 3.  This Act takes effect September 1, 1995, and
   2-12  applies only to a cause of action that accrues on or after the
   2-13  effective date of this Act.  An action that accrues before the
   2-14  effective date of this Act is governed by the law in effect when
   2-15  the action accrued, and the former law is continued in effect for
   2-16  that purpose.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.