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