75R10798 PB-D                           

         By Junell                                              H.B. No. 768

         Substitute the following for H.B. No. 768:

         By Corte                                           C.S.H.B. No. 768

                                A BILL TO BE ENTITLED

 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 (a) and by adding Subsection (d) to read as

 1-7     follows:

 1-8           (a)  A person who violates Section 451.001 is liable only for

 1-9     economic [reasonable] damages incurred by the employee as a result

1-10     of the violation.

1-11           (d)  For purposes of this section, "economic damages" means

1-12     damages for pecuniary loss, including damages for loss of or damage

1-13     to property and damages for lost wages, loss of earning capacity,

1-14     expenses for medical care, and burial expenses.  The term does not

1-15     include damages for pain and suffering, mental anguish, loss

1-16     associated with disfigurement, or loss of companionship or

1-17     consortium.

1-18           SECTION 2.  This Act takes effect September 1, 1997, and

1-19     applies only to a cause of action that accrues on or after the

1-20     effective date of this Act.  An action that accrues before the

1-21     effective date of this Act is governed by the law in effect when

1-22     the action accrued, and the former law is continued in effect for

1-23     that purpose.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.