GEC H.B. 1305 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
H.B. 1305
By: Brimer
3-28-97
Committee Report (Unamended)



BACKGROUND 

The Texas Workers' Compensation Reform Act as enacted in 1989 provided
immunity to individuals or entities who performed safety consultations
required by the Act, but only to the extent that the safety program,
inspection or other similar activity is alleged to have caused or could
have prevented an "accident." It is generally agreed that the purpose was
for the word "accident" to be comprehensive and cover any claim arising
under the Act. However, a recent court decision has interpreted "accident"
to not include occupational diseases. The purpose of the immunity provided
is to make sure that safety programs are as effective as possible by
insulating the performance of safety consultants and content of safety
programs from unforeseen liability. 


PURPOSE

The purpose of this bill is to add language which restores the scope of
the immunity clause as originally intended. 

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. Amends Section 411.003, Texas Labor Code, to add the words
"injury or occupational disease" to "accident" in the exclusion for
liability. 

SECTION 2. Effective Date

SECTION 3. Emergency Clause