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.