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.