By Junell                                        H.B. No. 768

      75R3427 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to discrimination against an employee based on a claim for

 1-3     workers' compensation benefits and to remedies in an action

 1-4     alleging that discrimination.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 451.001, Labor Code, is amended to read

 1-7     as follows:

 1-8           Sec. 451.001.  DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.

 1-9     A person may not discharge [or in any other manner discriminate

1-10     against] an employee because the employee has:

1-11                 (1)  filed a workers' compensation claim in good faith;

1-12                 (2)  hired a lawyer to represent the employee in a

1-13     claim;

1-14                 (3)  instituted or caused to be instituted in good

1-15     faith a proceeding under Subtitle A; or

1-16                 (4)  testified or is about to testify in a proceeding

1-17     under Subtitle A.

1-18           SECTION 2.  Section 451.002, Labor Code, is amended by

1-19     amending Subsections (a) and (c) and by adding Subsection (d) to

1-20     read as follows:

1-21           (a)  A person who violates Section 451.001 is liable only for

1-22     economic [reasonable] damages incurred by the employee as a result

1-23     of the violation.

1-24           (c)  The burden of proof in a proceeding under this section

 2-1     is on the employee to establish that an action of the employee

 2-2     protected under Section 451.001 was the substantial cause of the

 2-3     employee's discharge from the position of employment.

 2-4           (d)  For purposes of this section, "economic damages" means

 2-5     damages for pecuniary loss, including damages for loss of or damage

 2-6     to property and damages for lost wages, loss of earning capacity,

 2-7     expenses for medical care, and burial expenses.  The term does not

 2-8     include damages for pain and suffering, mental anguish, loss

 2-9     associated with disfigurement, or loss of companionship or

2-10     consortium.

2-11           SECTION 3.  This Act takes effect September 1, 1997, and

2-12     applies only to a cause of action that accrues on or after the

2-13     effective date of this Act.  An action that accrues before the

2-14     effective date of this Act is governed by the law in effect when

2-15     the action accrued, and the former law is continued in effect for

2-16     that purpose.

2-17           SECTION 4.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.