1-1                                   AN ACT

 1-2     relating to remedies in an action alleging discrimination against

 1-3     an employee based on a claim for workers' compensation benefits.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 451.002, Labor Code, is amended by

 1-6     amending Subsection (c) to read as follows:

 1-7           (c)  The burden of proof in a proceeding under this section

 1-8     is on the employee to establish that an action of the employee

 1-9     protected under Section 451.001 was a substantial cause of the

1-10     discrimination.

1-11           SECTION 2.  This Act takes effect September 1, 1997, and

1-12     applies only to a cause of action that accrues on or after the

1-13     effective date of this Act.  An action that accrues before the

1-14     effective date of this Act is governed by the law in effect when

1-15     the action accrued, and the former law is continued in effect for

1-16     that purpose.

1-17           SECTION 3.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 768 was passed by the House on April

         30, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 768 on May 27, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 768 on May 31, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 768 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 768 on May 31, 1997, by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor