1-1     By:  Junell, et al. (Senate Sponsor - Duncan)          H.B. No. 768

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 3; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to remedies in an action alleging discrimination against

 1-9     an employee based on a claim for workers' compensation benefits.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 451.002, Labor Code, is amended by adding

1-12     Subsection (d) to read as follows:

1-13           (d)  For purposes of this section only, "reasonable damages"

1-14     does not include damages for pain and suffering, mental anguish,

1-15     loss associated with disfigurement, or loss of companionship or

1-16     consortium.

1-17           SECTION 2.  This Act takes effect September 1, 1997, and

1-18     applies only to a cause of action that accrues on or after the

1-19     effective date of this Act.  An action that accrues before the

1-20     effective date of this Act is governed by the law in effect when

1-21     the action accrued, and the former law is continued in effect for

1-22     that purpose.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

1-25     emergency and an imperative public necessity that the

1-26     constitutional rule requiring bills to be read on three several

1-27     days in each house be suspended, and this rule is hereby suspended.

1-28                                  * * * * *