By Price                                              H.B. No. 3191
       74R9088 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for workers' compensation insurance
    1-3  benefits of certain students employed in programs sponsored by
    1-4  nonprofit organizations.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 406, Labor Code, is amended by adding
    1-7  Subchapter I to read as follows:
    1-8        SUBCHAPTER I.  COVERAGE OF STUDENTS EMPLOYED IN CERTAIN
    1-9             PROGRAMS SPONSORED BY NONPROFIT ORGANIZATIONS
   1-10        Sec. 406.181.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Nonprofit organization" means an organization
   1-12  described by Section 501(c)(3), Internal Revenue Code of 1986 (26
   1-13  U.S.C. Section 501(c)(3)).
   1-14              (2)  "Student" means a person who is:
   1-15                    (A)  at least 16 years of age but younger than 19
   1-16  years of age; and
   1-17                    (B)  enrolled in a secondary school.
   1-18        Sec. 406.182.  COVERAGE THROUGH SPONSORING ORGANIZATION.  (a)
   1-19  This section applies to a school-to-work transition program
   1-20  sponsored by a nonprofit organization under which:
   1-21              (1)  the organization provides workers' compensation
   1-22  insurance coverage for each student participating in the program;
   1-23  and
   1-24              (2)  the student performs services for a third party.
    2-1        (b)  For the purposes of benefit eligibility under this
    2-2  subtitle, a student who participates in a school-to-work transition
    2-3  program subject to this section is the employee of the nonprofit
    2-4  organization and is not the employee of the third party for whom
    2-5  the student provides services.  The third party is not liable under
    2-6  this subtitle for a compensable injury incurred by a student while
    2-7  participating in the program.
    2-8        (c)  This section does not limit or prohibit a student from
    2-9  bringing against the third party a cause of action that an employee
   2-10  of the third party who is entitled to workers' compensation
   2-11  insurance coverage provided by the third party is not precluded
   2-12  from bringing under Section 406.033.
   2-13        SECTION 2.  This Act applies only to a claim for workers'
   2-14  compensation benefits based on a compensable injury that occurs on
   2-15  or after the effective date of this Act.  A claim based on a
   2-16  compensable injury that occurred before that date is governed by
   2-17  the law in effect on the date the compensable injury occurred, and
   2-18  the former law is continued in effect for that purpose.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.